The Directorate of Criminal Investigations has asked the High Court to dismiss an application to punish it for allegedly refusing to return businessman Jimi Wanjigi's firearms.
In an affidavit, investigator Maxwell Otieno says Wanjigi and his wife Irene Nzisa have failed to demonstrate that the Inspector General of Police and the DPP have deliberately failed to obey the court order.
In January last year, the High Court directed the DCI, IG and DPP to return all firearms and ammunition taken from Wanjigi's residence.
The firearms are one Smith and Wesson pistol, a Glock pistol, a Mini Archer assault rifle and three other Glock 19 pistols.
Wanjigi says despite being served with the order, the DCI has failed to return the firearms and ammunition. He wants DCI cited for contempt.
But Otieno says they appealed the decision in the Court of Appeal and the matter is still pending determination.
He claims some of the firearms held by Wanjigi are high precision military weapons not authorised to be held by civilians in Kenya under the Firearms Act.
"The two firearms were subjected to ballistic examination and a report confirmed they are prohibited by the Firearms Act," he said
Otieno further says the order requiring them to return the firearms would be pointless as they do not keep firearms in line with the revocation of firearm certificates but only keep them as exhibits.
"If the order had been directed to the Firearms Licensing Board requiring them to return firearms held illegally and whose trade in, sale or acquisition is prohibited under the law would be to order the board to commit an illegal act," he ays
Otieno says Wanjigi's move to file contempt of court proceedings against them is malicious, bearing in mind that two of the firearms sought to be returned fall in the classification of prohibited firearms and two others do not belong to Wanjigi.
The DCI has since urged the court not to cite them for contempt on grounds that they have challenged an order to have the firearms returned at the appellate court.
The matter will be heard on December 2.
