The High Court has refused to suspend the Director of Criminal Investigations (DCI) George Kinoti’s Four-month Jail term over contempt of court.
Attorney General Kihara Kariuki filed an application to suspend the sentence and imminent arrest of the DCI boss pending hearing and determination of the case.
However, Justice Anthony Mrima argued that the AG’s application was filed a day before the end of the seven-day window granted for Kinoti to surrender to Kamiti Maximum Prison.
The application through lawyer Cecil Miller argued that Kinoti had no role in handling the firearms since the mandate falls under the Firearms Licencing Board.
“The DCI has since written to the Attorney-General instructing them to write to Mr Wanjigi’s advocates inform them to collect their firearms from the board. By doing so, the DCI has purged the contempt,” Kariuki said in court papers.
According to AG, Wanjigi lawyers failed to disclose information indicating that they were directed to collect the firearms from the board.
He argues that had the information been availed before court, Kinoti would have been absolved from the contempt of court offence.
DCI boss Kinoti is on record defending himself saying he can’t produce the firearms because they are not in his possession.
“Even if the DCI is jailed for 100 years, he cannot give Wanjigi firearms he doesn’t have,” said Kinoti.
Kinoti was found guilty for contempt of court on November 18 this year when Justice Mrima handed him a four-month jail term at Kamiti Maximum Prison for failing to return firearms obtained from businessman Jimmy Wanjigi’s home in 2017.
The hearing of AG Kihara’s application is scheduled for Thursday, November 25.