• Koome confirmed to the court that the law firm he used to file the application did not authorise him to do so.
• The Judge in withdrawing the whole application said Koome's actions raise serious issues on his conduct.
Image: DCI
It has now emerged that DCI George Kinoti did not instruct a city lawyer to file an application on his behalf, saying he is ready to pay a fine for failing to obey a court order to return businessman Jimi Wanjigi's guns.
Calvin Koome, the lawyer who filed the application on Friday last week, on Monday admitted to the court he had no instructions from Kinoti and the application was irregularly filed.
"I had no direct instructions from the DCI. I had instructions from a proxy," he said.
"Is that what you were taught at law school," asked Judge Anthony Kimani.
"No your honour," Koome answered.
Koome confirmed to the court that the law firm he used to file the application did not authorise him to do so.
The Judge in withdrawing the whole application said Koome's actions raise serious issues on his conduct which border on fraud and criminal activity.
"This court leaves the issue of misconduct and criminal activity in the hands of LSK and the investigative agencies," said the Judge.
The AG and DCI which was represented by one Ms Mwangi disassociated itself from the Judicial review application, saying it did not come from Kinoti.
"The issue is being probed for impersonation and perjury," she said.
The court heard that Kinoti's signature was also forged.
In the application filed last week, advocate Koome K said it was of utmost urgency. He used the law firm of Owino McDonald's and Co advocates which has since disassociated itself from him.
In the said application, an affidavit from Kinoti was also attached with his signature on it.
Kinoti was allegedly seeking orders to stop Inspector General of Police Hillary Mutyambai from arresting him after Judge Anthony Mrima sentenced him to four months for failing to obey a court order requiring him to return firearms belonging to Wanjigi.
Mrima had said Kinoti should within seven days surrender himself to the officer in charge of Kamiti Maximum Prison to serve the sentence.
“In the event Kinoti fails to avail himself as ordered, a warrant of arrest will be issued against him. The warrant shall be executed by the Inspector General of Police,” said the judge.
"If the IG Hillary Mutyambai fails to execute the warrant, the same shall remain valid and be executed at any time including when Kinoti leaves the office of the Director of Criminal Investigations (DCI)."
Kinoti in the purpoted 'appclaition' argued that the orders by Mrima threatened his duties to the society.
He wanted the respondents (Jimi Wanjigi and Irene Nzisa) and the Interested parties (the Inspector General of Police, the Director of Public Prosecutions, the Attorney General) restrained from arresting, interrogating and prosecuting him premised on the orders issued by Justice Mrima.