The Director of Criminal Investigations (DCI) George Kinoti has disowned a petition purportedly filed by his legal team seeking to block his imminent arrest for contempt.
In the petition that was highlighted by a section of the media on Saturday, Owino McDowell & Co Advocates argue that Kinoti wants the court to suspend implementation of the orders issued by Justice Anthony Mrima on Thursday.
The judge handed Kinoti a four-month jail term for disobeying orders that required him to return firearms confiscated from businessman Jimmy Wanjigi.
Justice Mrima ordered Kinoti be jailed at Kamiti Maximum Security Prison.
The judge directed Kinoti to surrender to the Prison authorities within seven days, failure to which the Inspector General of Police Hillary Mutyambai will be compelled to arrest him.
In the alleged petition by Kinoti, the police boss argues that implementing the orders would threaten his duties which include maintaining law and order and crime prevention.
To avoid jail, the petitioner said he is willing to pay a Ksh200,000 fine or its equivalent instead of the custodial sentence.
The non-custodial sentence, he said, would allow him to concentrate on several national investigations he is undertaking for the security purposes of the country.
“The judge erred in both law and fact in issuing the court order of November 18 and issuing a custodial sentence without an option of fine despite the crucial office Mr Kinoti holds to serve the people of this republic. The judge relied on his own conjunctures to issue excessive terms in disregard of Kinoti’s duty, responsibility, homage and fealty,” reads the court papers.
But in a brief statement on Saturday night, Kinoti indicated he had not instructed anyone to file the petition on his behalf.
“It has come to the attention of the Director of Criminal Investigations that a case namely HCJR 163/2021 has been filed on his behalf and the same is on the cause list to be mentioned on Monday, November 22, at 2pm before Justice Anthony Kimani Ndung’u, at the Milimani Law Courts.
“This is to make it very clear that the Director of Criminal Investigations George Kinoti, has not instructed anybody to file a suit on his behalf or on behalf of the Directorate of Criminal Investigations,” he said.
Kinoti added: “As such, the case is disowned in totally by the Director and the Directorate of Criminal Investigations.”
It has come to the attention of the Director of Criminal Investigations that a case namely HCJR 163/2021 has been filed on his behalf and the same is on the cause list to be mentioned on Monday, November 22, at 2pm before Justice Anthony Kimani Ndung’u, at the Milimani Law Courts pic.twitter.com/DvuwDg1xwJ
— DCI KENYA (@DCI_Kenya) November 20, 2021
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 rivaled Jubilee party in the hotly contested Presidential Election whose outcome was contested.
Justice Chacha Mwita ruled in June 2019 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.