BY NT CRIME CORRESPONDENT.
The court has issued an order ending criminal proceedings against businessman Jimmy Wanjigi until he and his accusers are heard.
Justice George Odunga stopped the intended proceedings until Wanjigi petition is heard and determined at the high court in Nairobi.
This comes amid accusations that the courts are protecting opposition politicians.
Jubilee Secretary General Raphael Tuju wrote a letter to the CJ accusing individual judges of conspiracy with opposition politicians to defeat justice.
As a consequence of the order issued by Justice Odunga, Wanjigi will not be charged in connection with the firearm criminal suit at the Nyeri Law courts.
Justice Odunga ruled that Wanjingi has established a prima facie case- a case with proper grounds.
He also directed that the suit filed by Wanjigi be served within seven days and hearing set in a week’s time.
“I hereby stop the intended proceedings and issue a stay order in criminal case no.251 /2018,” he said.
The court, however declined to issue orders stopping the police from commencing or proceeding with any criminal proceedings wheresoever instituted in the Republic of Kenya against Wanjigi.
The court noted that issuing those orders amounts to the abuse of court process.
In the application Wanjigi through his lawyers John Khaminwa and Senator James Orengo argued that Wanjigi was not summoned or questioned by the IG in respect to any criminal investigations as required by the Criminal Procedure Code.
The lawyers also took issue with how the summons were effected.
“The action or decision to summon the Applicant to the Chief Magistrate’s Court at Nyeri is procedurally unfair and has been undertaken without compliance with directions of the High Court and is therefore erroneous and unlawful,” lawyer John Khaminwa submitted.
SC Khamniwa said that the action or decision to summon Wanjigi to the Chief Magistrate’s Court at Nyeri was taken with an ulterior motive or purpose calculated to prejudice the legal rights of Wanjingi.
According charge sheet seen by NairibiTimez, Jimmy Richard Wanjigi is accused on the 17 day of October, 2017 at Muthaiga Estate house number 44 in Nairobi, without lawful justification, was found in possession of a semi-automatic self-louding military assault rife calibre make Mini Archer serial No. IM 111which is a prohibited firearm.
Proceedings resume March 6.
