• He was rearrested over accusations of being in possession of ethanol.
• Speaking to the Star on Thursday, lawyer Danstan Omari stated the areas referred to as non-arrest zones.
A Milimani Court magistrate has faulted the DCI for arresting tycoon Humphrey Kariuki within the court premises.
"I had previously given orders that the police should not arrest Humphrey Kariuki but he should have availed himself to the DCI," Chief Magistrate Francis Andayi said.
Kariuki was rearrested on Monday within the Milimani court premises after his release by Andayi on a Sh11 million cash bail over a Sh41 billion tax evasion allegations.
He was rearrested over accusations of being in possession of ethanol.
Speaking to the Star on Thursday, lawyer Danstan Omari stated the areas referred to as non-arrest zones.
"Under the Privileges Act and Immunities Act, the Parliament, grounds of the court, areas of worship, learning institutions and airports have immunities to arrest. To arrest anyone in those areas, special permissions must be sought," he said.
Further, the lawyer said there are immunities for the court as it is a place to protect the fundamental freedoms of any person and that anyone in the court premises is under the supervision of the court.
The magistrate, therefore, said the rearrest of the businessman was an abuse of the administrative power of the police.
According to the law, therefore, the police are allowed in areas that are arrest zones and the court is an exception.
"I will therefore not allow the police to arrest anyone within the Milimani court promises," Andayi said.