DCI Kinoti must serve four-month Kamiti prison jail term after High Court declines appeal

DCI Boss George Kinoti.
DCI Boss George Kinoti.

The Supreme Court has refused to revoke or review the four-month sentence given to DCI Patron George Kinoti.

In a ruling on Monday, Justice Anthony Mrima said the order remained in effect.

Referring to Knoti's previous rebuttal that he was not the legitimate guardian of firearms in making the decision, Judge Mrima said the issue of gun surveillance had previously been addressed in a ruling.

Although the DCI boss stated that the firearms were in the hands of the firearms licensing board, the Judge stated that no evidence was presented in court as to how it was handed over to the boards.

"All government correspondence is in writing, but in this particular case, no evidence has been presented to confirm the manner or date of the petitioner's submission of firearms to the board," Judge Anthony Mrima said on Monday. Said.

According to the judge, the lack of evidence to substantiate the alleged transfer confirms that the firearms are still in the control of the DCI boss.

The DCI boss was sentenced to four months in Kamiti Maximum prison for contempt of court.

He was accused of failing to return a cache of firearms to businessman Jimi Wanjigi as ordered by the court.

On November 24, Attorney General Kihara Kariuki appealed to the Supreme Court, requesting that Kinoti's sentence at Kamiti Maximum Prison be postponed pending his hearing and petition.

Kinoti was sentenced to four months in prison last Thursday for contempt of court for failing to follow court orders to return firearms seized from businessman Jimi Wanjigi.

He has to surrender to the prison within 7 days until Thursday, otherwise the Public Prosecutor's Office has been instructed to issue an arrest warrant for him.

On the other hand, AG alleges that the defamation charges against Kinoti were misdirected as the Firearms Licensing Board was responsible for the firearms.

He also claims, through attorney Cecil Miller, that Kinoti had no role in the use of civilian firearms.

“The DCI has since informed the Attorney General that Mr. Wanjigi was instructed to write to his advocates and take their firearms from the board. By doing so, the DCI eliminated the contempt,” AG Kariuki says in court papers seen by the Daily Nation.

Referring to Kinoti's allegations that he had already informed Wanjigi to take his guns from the board, he adds, "Wanjigi has failed in bad faith to disclose to this court material facts that would have led the court to a different decision if it had been disclosed." before the court decision.

On Sunday, Kinoti said Wanjigi would rather go to jail than return the confiscated firearms, and he has custody of the firearms in question.

"The petitioner and the judge know that the board is responsible for civil weapons. However, instead of asking the court for the right authority, they apply to Kinoti," said Kinoti.

"What is the connection between DCI and the person whose license was revoked? The DCI cannot give Wanjigi firearms he does not own, even if he is sentenced to 100 years in prison," he added.

Kinoti also stated that even if he had firearms, he would not return them to Wanjigi because they are prohibited and only allowed for use by special forces.

"Even if the DCI owns the firearms and returns them to Wanjigi, it would be breaking the law because the license of the guns was revoked. Some of the guns seized during the raid are banned firearms because they belonged to the special forces. Why is a judge ordering this to be returned to a civilian?"

In 2017, police seized seven firearms from the businessman's home in Malindi.

In June 2019, Judge Chacha Mwita ruled that the State had acted unreasonably by confiscating Wanjigi's firearms while he still had a valid license.

The DCI boss was given 30 days to return Wanjigi's firearms as ordered in 2019 by the Supreme Court in Nairobi in early 2021.

The deadline for DCI to comply with orders was March 25, 2021.

After the DCI did not return the firearms, Wanjigi sued for contempt of court to have them jailed in civil.

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