The High Court has issued a warrant of arrest against the Director of Criminal Investigations (DCI) George Kinoti after he failed to surrender to prison for contempt.
“You (IG Mutyambai) are hereby commanded forthwith to apprehend the said George Kinoti and bring him before this court to answer to the said charge, and to be further dealt with according to law,” reads the warrant.
It stemmed from the November 18, 2021 ruling where the court sentenced Mr Kinoti to four months imprisonment for disobedience of orders dated June 21, 2019 requiring him to release to Mr Wanjigi seven firearms and ammunition.
In the ruling, the court had ordered Mr Kinoti to within seven days surrender himself to the officer-in-charge of Kamiti Maximum Prison with a view of serving the sentence.
The court had also stated that in the event Mr Kinoti fails to surrender, a warrant of arrest would be issued against him and the same would be executed by the Inspector General of Police.
It was also held that in the event the IG fails to execute the Warrant, the same will remain valid and be executed at any time including when Mr Kinoti leaves the office of DCI.
The warrant emerged pending determination of a petition filed by an activist Memba Ocharo urging the court to rule that the businessman-cum-politician is unsuitable to hold the weapons.
Activist Ocharo petitioned court to order DCI Kinoti to arrest Mr Wanjigi for being in possession of illegal firearms and ammunition.
Through lawyer Danstan Omari, Mr Ocharo argues that Mr Wanjigi is not suitable to own firearms.
He alleges that the businessman is a former Inspector of Police “who was stripped of all his police powers and ordered to surrender all his firearms and ammunition in his custody following numerous incidents and complaints about his misuse of firearms”.
The activist states that Mr Wanjigi has nonetheless been a licensed firearms holder until January 30, 2018 when the board revoked his firearms certificate.
Court papers indicate that in 2017 and pursuant to search warrants dated the October 17, 2017 the DCI officers searched Mr Wanjigi’s house at Muthaiga Estate Nairobi and recovered seven firearms and 688 ammunitions.
“The release of the said firearms and ammunitions to Mr Wanjigi while sanctioned by the law and court orders and in the absence of any action by the respondent’s possess a grave danger and risk to the members of the public as no one citizen should have in there custody 688 ammunitions and about 11 guns,” claims the activist.
He wants the court to issue a declaration that the police and board are duty bound to provide security to members of the public and legally under an obligation control the licensing of civilian firearms.
Further that the police and the board are duty bound to revoke Mr Wanjigi’s firearms certificate on justifiable grounds and in compliance with the rules of natural justice.
