Businessman Jimi Wanjigi is a threat to public safety and likely to commit “heinous crimes” with guns in his possession, the DPP has said.
The DPP and pollice are still pursuing Wanjigi over claims of possessing illegal firearms. Police raided his Muthaiga home, smashed their way in and caused major damage on October 26. They found guns hidden in the ceiling. Wanjigi says they are legal and he is the victim of a witch-hunt. The state has harassed Nasa figures.
Earlier that day they raided Wanjigi’s leased-out property in Malindi and found five rifles and 93 bullets.
Yesterday, the DPP filed an application at the High Court seeking to set aside orders obtained by the businessman blocking his appearance before a Nyeri court to face charges.
The DPP told the court Wanjigi, a confidant of NASA leader Raila Odinga, is likely to commit “serious and heinous crimes” using his firearms.
The court heard Wanjigi is and continues to be a threat to public safety and the orders by Justice George Odunga on March 1, shielding him from prosecution, ought to be set aside.
“Police are still investigating the applicant for possession of firearms — a cognisable offence — and owing to the nature and seriousness of the offence, the orders should be set aside,” senior assistant director Victor Mule said.
The businessman has been fighting the stateover raids in Malindi and Muthaiga. During the Muthaiga raid, Wanjigi is said to have hidden in a bunker while security officers ransacked the premises.
He later went to court and obtained an order barring police from arresting him or destroying more property. The court also gave him anticipatory bail of Sh50,000.
Early this month, he was summoned to Nyeri to plead to charges relating to importing guns. Odunga suspended the summons after Wanjigi argued it was procedurally unfair.
His lawyers John Khaminwa, James Orengo and Nelson Havi said the orders were erroneous and unlawful because they were given in violation of High Court directions.
The businessman’s father Maina Wanjigi also obtained orders blocking his prosecution.
The DPP said they were issued on the basis of non-disclosure of facts, concealment of material documents and misrepresentation. “It is imperative, lawful just and proper for investigators to recover the firearm and ammunition which were neither recovered, seized during the search at his house, nor surrendered as directed by the Firearms Licensing Board.”