Safina party leader Jimi Wanjigi breathed a sigh of relief after the High Court on Tuesday, August 20, 2024, temporarily suspended his prosecution over illegal possession of assorted firearms.
High Court Judge Bahati Mwamuye stayed proceedings in all criminal cases arising from the alleged confiscation of firearms by police.
Justice Mwamuye also ordered the Arms Licensing Board not to revoke any certificates issued to Wanjigi in respect of firearms allocated to him by the board.
The orders to block Wanjigi's prosecution by Director of Public Prosecutions (DPP) Renson Ingonga came hot on the heels of Milimani Chief Magistrate Susan Shitubi releasing the embattled politician on a personal bond of Sh10 million. Mr Wanjigi walked to freedom after 16 hours in detention.
He was arrested and detained at Kamkunji Police Station where 11 counts of being in illegal possession of firearms were brought against him.
Through Senior Counsels Kalonzo Musyoka, Paul Muite, Martha Karua, John Khaminwa and lawyers Eugene Wamalwa, Jackson Kala, Henry Kurauka, Henry Kurauka, Daniel Maanzo, Dr Owiso Owiso and Willis Otieno, Mr Wanjigi asked Milimani Chief Magistrate Susan Shitubi to reject the charges filed against him.
"The prosecution has brought this case in contravention of High Court orders barring Wanjigi's prosecution," Mr Kalonzo told Ms Shitubi. He told the magistrate that the prosecution of Mr Wanjigi was political.
"This trial is politically instigated and it has no legal basis. I urge this court to defer this case. There are orders of Justice Bahati Mwamuye restraining (Jimi Wanjigi’s) and prosecution," stated Mr Musyoka.
As the defence team battled with prosecution counsel Victor Owiti, Herbert Sonye and Wanjiru, Mr Wanjigi presented a judicial review application before Justice Mwamuye seeking orders to bar his prosecution saying his constitutional rights were violated.
The judge was urged by Dr Owiso to stay the trial at the magistrate’s court arguing that the state was abusing the court.
“Wanjigi’s constitutional and fundamental rights are being violated through the illegal prosecution. This court had on August 9, 2024, barred the police from arresting and prosecuting Wanjigi over alleged illegal possession of firearms,” Dr Owiso told the judge.
The judge further restrained the defendants from instituting, preferring or continuing any charges or criminal prosecution of Wanjigi with respect to any firearms or accessories registered or owned by the applicant (Wanjigi) pursuant to firearms certificate Number 9522.
In the event a prosecution has been commenced against Wanjigi, the judge suspended it.
The judge ordered Wanjigi's lawyers to serve the defendants before August 30, 2024 and fixed the case for hearing on September 19, 2024.
The judge was urged to stamp the court's authority by staying the criminal case and halting any further blatant use of the court irregularly.
Mr Wanjigi who is charged alongside his aide David Kibe Wakonyo faces 11 counts of illegal possession of smoke grenades, explosive canisters, and guns and refusing to have his fingerprints taken by the investigating officers.
Mr Muite opposed the prosecution, saying police had breached High Court orders restraining the arrest and prosecution of the Safina party leader.
Mr Kala and Mr Otieno said more than 200 police officers raided Mr Wanjigi's home on August 8 and stole his property.
They said the officers ransacked the politician’s house between 5pm and 5am and carted away valuables running into millions of shillings.
Safina Party Leader Jimi Wanjigi (centre) at Milimani Law Court on August 20, 2024, after being released on a personal bond of Sh10 million
Photo credit: Wilfred Nyangaresi | Nation Media Group
He said the police terrorised the family and Mr Wanjigi's wife and children begged not to be shot by the armed officers.
"Please do not shoot me. Do not harm me’ Mr Wanjigi’s wife pleaded with the police,” the lawyer told the magistrate.
The court heard from Mr Otieno that Wanjigi's troubles began in 2017 when police withdrew his gun licences. Justice Antony Mrima ordered the Directorate of Criminal Investigations to reinstate them.
Ms Shitubi released Mr Wanjigi, who spent a night at Kamukunji Police Station, on a Sh10 million personal bond and scheduled a hearing of the matter for September 12, 2024.
