Attorney General Kihara Kariuki has suffered a setback in his bid to have the jail sentence of the Director of Criminal Investigations George Kinoti set aside.
Justice Anthony Mrima on Wednesday declined to suspend Kinoti’s four-month prison sentence as requested by the AG.
The government’s principal legal advisor wanted the court to suspend the sentence pending hearing and determination of his application.
“Given the nature of orders sought and history of the matter, this court is of the view that any orders will be considered after hearing of the application,” ruled Justice Mrima.
The judge ordered the AG’s application to be heard on Thursday, November 25.
Kinoti was handed the jail term last Thursday for disobeying orders that required him to return firearms confiscated from businessman Jimmy Wanjigi.
Justice Mrima directed Kinoti to surrender to Kamiti Prison authorities within seven days. Failure to do so, the Inspector General of Police Hillary Mutyambai is required to arrest him.
In his application, Kariuki argues that contempt charges against Kinoti were misdirected because the Firearms Licencing Board is the custodian of firearms.
Through lawyer Cecil Miller Kariuki claims Kinoti has no role in the handling of civilian firearms.
“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 says in court papers.
The AG says his office had also written to Wanjigi and his wife Irene Nzisa to go and collect the firearms.
“They have not for reasons known to themselves,” said Kariuki.
Police seized seven firearms belonging to Wanjigi at his house in Malindi in 2017.
The crackdown was linked to his close association with Raila Odinga-led National Super Alliance (NASA) that rivaled Jubilee party in the hotly contested Presidential Election whose outcome was contested.