Failure by George Kinoti to give evidence confirming he is not in possession of firearms belonging to Jimi Wanjigi will see him serving four months imprisonment at Kamiti Maximum Prison.
Justice Antony Mrima on November 18 sentenced the DCI boss to prison for failing to obey a court order requiring him to return Wanjigi’s guns.
He directed him to present himself at Kamiti within seven days.
“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 [Hillary Mutyambai],” the judge said.
If Mutyambai fails to execute the warrant, the same shall remain valid and be executed at any time, including when Kinoti leaves office.
Aggrieved with the orders, the Attorney General on behalf of Kinoti filed an application seeking to set aside the said orders on grounds that he had new evidence.
The new evidence said Kinoti is not in possession of the firearms hence wrongly enjoined in the proceedings.
The AG also argued they are under custody of the board and that they don’t hold any current firearms certificate to enable them hold any civilian firearms.
Kinoti said that it is only fair that in light of the new evidence, the orders should be set aside.
“Had these facts been placed before the court, this court would have arrived at a different conclusion on my alleged culpability,” he said.
Justice Antony Mrima in his ruling yesterday (Monday) said, although Kinoti said that the firearms were in the custody of the board, no evidence was given to show how and when the firearms were moved from him to the board.
"In view of the lack of evidence, it remains a fact that the firearms are still in possession and custody of Kinoti,” he said.
The other issue raised by Kinoti forming part of the new evidence is the allegation that Wanjigi had no valid firearm license to possess civilian firearms.
This issue, Mrima said, was settled in a judgement delivered in 2018.
“It is clear the issues raised as forming the new evidence were settled by the court and in favour of Wanjigi," Mrima said.
"Kinoti failed to prove there was any new evidence for the court to exercise its discretion on his part.”
The judge, in dismissing Kinoti’s application, said the November 18 orders shall remain in force.
