The Directorate of Criminal Investigations (DCI) boss George Kinoti will on November 18 know the sentence to be imposed on him, after failing to obey a court order requiring him to release firearms belonging to businessman, Jimmy Wanjigi.
Kinoti was to attend court to mitigate for sentencing on Monday but he filed an affidavit and chose not to attend court.
Justice Anthony Mrima, after hearing submissions made orally by parties, directed that sentencing be done on November 18.
The session was however conducted in camera. Media was not allowed to cover.
Mrima had in January 2019 directed the DCI, Inspector General of Police and the DPP to return all firearms and ammunition taken from Wanjigi's residence in 2017.
The sought firearms are one pistol make Smith and Wesson, one Glock pistol, one assault rifle among others.
Mrima in issuing the directive said the State acted irrationally by taking Wanjigi's guns while he still held a valid license.
Wanjigi has since filed a contempt of court proceedings against the DCI for failing to comply with the judge's orders.
He wants them committed to civil jail. But the DCI says they have appealed Mrima's decision and the matter is still pending at the Court of Appeal.
Sentencing in Kinoti-Wanjigi guns case for November 18
In an affidavit, the DCI claims that some of the firearms held by Wanjigi are high precision military firearms not authorised to be held by civilians in Kenya under the Firearms Act.
"The firearms were subjected to ballistic examination and a report confirmed the Firearms Act prohibits them," the affidavit read.
Edited by T. Mutinda