The High Court in Nairobi has given the Director of Criminal Investigations George Kinoti 30 days to return businessman Jimmy Wanjigi’s firearms as ordered in 2019.
Justice Anthony Mrima said on Thursday that the DCI has until March 25 to comply with the orders.
Justice Chacha Mwita had in June 2019 ruled that the State acted irrationally by carting away Wanjigi’s guns while he still held a valid license.
“The plaintiff’s rights were violated by the respondents. The actions of the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” ruled Justice Mwita.
Police had seized seven firearms belonging to the businessman at his house in Malindi in 2017.
The crackdown was linked to his close association with Raila Odinga-led National Super Alliance (NASA) that rivalled Jubilee party in the hotly contested Presidential Election whose outcome was contested.
After DCI failed to return the firearms, Wanjigi filed a contempt of court proceedings. He wants them committed to civil jail.
But the DCI boss argues that the state had appealed against the High Court decision and the matter is still pending at the Court of Appeal.
In the case, DCI argues 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 firearms were subjected to ballistic examination and a report confirmed the Firearms Act prohibits them,” said DCI in an affidavit.
Justice Mrima said the case will be mentioned on March 25 to ascertain whether the DCI has complied with the orders to return the guns to Wanjigi.