DCI boss Kinoti sentenced to 4 months imprisonment for contempt of court

DCI Director George Kinoti has been sentenced to four months imprisonment for failing to obey a court order requiring him to release firearms belonging to businessman Jimi Wanjigi.

Kinoti is required to surrender to prison within seven days failure to which the Inspector General of Police should effect a warrant of arrest against him.

The warrant will be executed by the IG of Police.

"In the further event the IG of Police fails to execute the warrant, the same shall remain valid and be executed anytime including when Kinoti leaves the office of the DCI," said Judge Mrima.

High Court Judge Anthony Mrima had 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, a 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.

In the case, Kinoti chose to rely on an affidavit dated July 22, 2021, to show cause why he should not be sentenced for being in contempt of court.

He argued that the then Firearm Licensing Board secretary Samuel Kimaru revoked Wanjigi’s firearm license.

The decision was communicated to Wanjigi.

Kinoti said going by revocation, Wanjigi is not allowed to hold, possess or own a firearm until the license is reinstated by the firearm licensing board.

“Some of the firearms do not belong to Wanjigi and as such, they cannot be released to him as that would be a violation of the firearm act,” Kinoti said.

Kinoti also argued that he has not violated the court order to warrant his sentencing because Wanjigi should pursue the Chief Firearm Licensing Board for his firearms as he is in possession of them.

Kinoti said that he is aware that Wanjigi's license have been previously revoked and the same reinstated upon appeal.

The DCI says they have appealed Mrima's decision and the matter is still pending at the Court of Appeal.

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.

The initial orders to return the firearm was issued by the judge on June 21 2019.

In the orders, the judge had directed the DCI, Inspector General of Police and the Director of Public Prosecutions to return all firearms and ammunition carted away from Wanjigi's residence during a raid by security authorities in October 2017.

In September, Kinoti was to attend court to mitigate for sentencing but he filed an affidavit and chose not to attend court.

Edited by D Tarus