BY JOAN WANJIKU,NAIROBI,29TH NOV,2021-The High Court has declined to set aside the four-month prison sentence imposed on DCI boss George Kintoi for disobeying a court order requiring him to surrender firearms belonging to Jimi Wanjigi.
Justice Antony Mrima on Monday said the orders he made on November 18 should be complied with.
Kinoti through Lawyer Cecil Miller had asked the court to set aside the sentence on grounds that he was wrong enjoined in the case as he was not in possession of the firearms in question.
He said had the court been aware of this ‘new evidence’ it would not have reached the decision it did.
Kinoti claims the firearms are in the custody of the firearms licensing board.
But Mrima in his ruling said Kinoti failed to prove how the firearms were moved from him to the board.
“No evidence was tendered to show Kinoti transmitted the firearms to the board. Lack of that shows the firearms are still in his custody. This application is dismissed and orders I made November 18 continue to be in force,” said the Judge.
Wanjigi had accused the DCI boss of failing to give him back his gun despite court orders.
Wanjigi has maintained that his firearms are in the custody of the DCI boss and not the Firearm Licensing Board.
Wanjigi told Justice Mrima that his lawyers received instructions from Kinoti’s lawyers, on November 22, directing that he collects his firearms from the Firearm Licensing Board, but when he got the board’s offices in Industrial Area in Nairobi, he was told only Kinoti could release the guns to him.
Mrima said Kinoti shall, within seven days, surrender himself to the officer in charge of Kamiti Maximum Prison to serve the sentence. The seven days lapsed on November 26.
“In the event Kinoti fails to avail himself as ordered, a warrant of arrest will be issued against him. The warrant shall be executed by the Inspector General of Police,” Mrima said.
If IG Hilary Mutyambai fails to execute the warrant, the same shall remain valid and be executed at any time, including when Kinoti leaves the office of the DCI.