Relief for DCI Kinoti in Wanjigi guns case
Director of Criminal Investigations (DCI) boss George Kinoti.
The Court of Appeal has suspended a four-month jail term imposed on the Director of Criminal Investigations (DCI) George Kinoti.
A three-judge bench said Mr Kinoti has an arguable appeal which should be considered by the court.
Mr Kinonti was sentenced to jail by High Court judge Anthony Mrima in November last year, for refusing to return the firearms and ammunition seized from one of businessman Jimi Wanjigi’s homes in 2017.
His attempts to seek a review of the decision was later rejected by Justice Mrima.
“Certainly, if the applicant is subsequently arrested and proceeds to serve the sentence, he will have lost his right to liberty and in the event of the appeal succeeding, the prison sentence cannot be reversed and the substratum of the appeal will have been lost thus rendering the intended appeal nugatory,” Justices Fatuma Sichale, Mbogholi Msagha and Imaana Laibuta said.
“We are satisfied that the applicant has demonstrated that he has an arguable appeal from the annexed Draft Memorandum of Appeal,” the judges said.
Justice Mrima had sentenced Mr Kinoti to four months in prison, without the option of a fine. The Judge then directed the DCI boss to present himself to prison within seven days failure to which the Inspector General of Police should arrest him.
“In the further event the IG of Police fails to execute the warrant, the same shall remain valid and be executed anytime including when Kinoti leaves the office of the DCI,” Judge Mrima ruled.
Through his lawyer Cecil Miller, Mr Kinoti submitted that the High Court judge erred in holding that he was the one in possession of the guns.
Mr Miller argued that confiscation and possession are different matters and in his case, the firearms were handed over to the Firearms Licensing Board, who has been keeping them.
The lawyer said the board was an independent body which Mr Kinoti had no powers over and could therefore not compel the body to comply with the order. The sought firearms are two Glock pistols, two assault rifles and ammunition.
The Attorney General had argued that some of the firearms held by Mr Wanjigi are high precision military firearms not authorised to be held by civilians in Kenya under the Firearms Act.
The AG said the firearms were subjected to ballistic examination and a report confirmed they are prohibited by the Act.
