BY SAM ALFAN.
The Court of Appeal suspended a four-month jail term imposed on the Director of Criminal Investigations (DCI) George Kinoti over the failure to return firearms seized from the residence of businessman Jimi Wanjigi in 2017.
A bench of three judges said Mr Kinoti has an arguable appeal, which should be considered by the court.
DCI Kinonti
The DCI George Kinoti has been granted a major reprieve in the jail term tussle with billionaire Jimmy Wanjigi.
The Court of Appeal Justices Fatuma Sichale, Mbogholi Msagha and Imaana Laibuta ruled that he has an arguable case and his sentencing should be suspended awaiting determination of his case.
“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,” the Judges said.
Kinoti was sentenced to four months in jail by High Court judge Anthony Mrima in November last year, for refusing to return the firearms and ammunitions seized from Wanjigi’s home.
His attempts to seek a review of the decision was later rejected by Justice Mrima.
DCI Kinoti faulted the High Court for reaching a conclusion that he was the person in possession of the guns.
He says the firearms are currently under the Firearms Licensing Board.
Through his lawyer, Kinoti submitted he does not have power to compel an independent body to release the firearms.
The Attorney General had argued that some of the firearms held by Wanjigi are high precision military firearms not authorised to be held by civilians in Kenya under the Firearms Act.
The A-G said the firearms were subjected to ballistic examination and a report confirmed the Act prohibits them,
“We are satisfied that the applicant has demonstrated that he has an arguable appeal from the annexed Draft Memorandum of Appeal,” bench said.
Justice Mrima had sentenced 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,” said Judge Mrima.
