A Nairobi court on Monday declined to set aside a four-month sentence imposed on DCI boss George Kintoi.
The court on November 18 found Kinoti guilty of contempt of court for disobeying a court order requiring him to surrender firearms belonging to businessman Jimi Wanjigi.
Justice Anthony Mrima ordered that the previous orders be complied with.
Last week, Attorney General Paul Kihara sought to have the sentence set aside, an application that was thrown out by Justice Mrima.
“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.
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, the AG argued that contempt charges against Kinoti were misdirected because the Firearms Licencing Board is the custodian of firearms.
Through lawyer Cecil Miller, Kihara claimed that Kinoti had 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,” Kihara said in court papers.
The AG told the court that 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.