An attempt by the Attorney General to suspend a four months prison sentence imposed on DCI Boss George Kinoti for disobeying a court order has flopped.
Attorney-General Kihara Kariuki sought to have the court suspend its sentence pending hearing and determination of an application to set aside the decision issued on November 18 by Justice Anthony Mrima.
Mrima sentenced Kinoti to four months in jail for failing to obey a court order requiring him to return firearms belonging to businessman Jimi Wanjigi.
Mrima said Kinoti shall within 7 days surrender himself to the officer in charge of Kamiti Maximum Prison to serve the sentence.
"Given the nature of orders sought and history of the matter, this court is of the view that any orders will be considered after hearing of the application," said Justice Mrima.
The application by the AG has now been fixed for hearing on Thursday.
The AG in his application says the contempt proceedings were brought against the wrong parties as the custody of civilian firearms is with the firearms licensing board.
Kinoti claims to have written to the AG advising him to write to the firearms licensing board to release Wanjigis firearms, in compliance with the court order.
"The office of the AG has also written to Jimi Wanjigi and Irene Nzisa to go and collect the firearms. They have not for reasons known to themselves," he said.
Edited by D Tarus
