George Kinoti, the Directorate of Criminal Investigations (DCI) boss, has moved to the Court of Appeal seeking to block his arrest over contempt.
The High Court on Tuesday issued a warrant of arrest against Kinoti over contempt of an order requiring him to return guns confiscated from businessman Jimi Wanjigi.
The court directed the Inspector General of Police Hillary Mutyambai to effect the arrest and ensure Kinoti is arraigned in court to answer to the said charge.
In the petition file in court, Kinoti wants the court to set aside the order pending hearing and determination of his application.
The police boss further wants the court to suspend his prison sentence imposed last month.
In the petition, Kinoti accuses Wanjigi and his wife Ireen Nzisa of harassment.
“I am apprehensive that the continued harassment of myself shall continue not unless the court grants the stay orders sought in my application dated 30th November 2021,” court documents read.
The DCI boss was on November 18 sentenced to four months in prison by Justice Anthony Mrima for disobeying the orders issued by Justice Chacha Mwita in June 2019.
Justice Mrima gave Kinoti seven days to surrender to authorities at Kamiti Maximum Security Prison.
The seven days lapsed on November 26, days after the court declined to set aside the sentence.
Kinoti has maintained that the said guns are not in his custody but that of the Firearms and Licensing Board.
Police had seized seven firearms belonging to the businessman at his house in Malindi in 2017.