An attempt by the Attorney General to suspend a four-month 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 November 18 decision by Justice Anthony Mrima.
"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," Justice Mrima said.
The application by the AG has now been fixed for hearing on Thursday.
The AG in his application says the contempt proceedings was 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 Jimi Wanjigi's 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 says.
According to the court documents, the information relayed to Wanjigi to collect their firearms from the board was not disclosed to the court.
“Had these facts been placed before the court, this court would have arrived at a different conclusion on my alleged culpability,” Kinoti says.
Kinoti argues that it is only fair that in light of the new evidence, the orders of contempt made against him be set aside.
Edited by A.N
