- The businessman had accused the DCI boss of failing to give him back his guns despite court orders.
- The order directed Kinoti to release Wanjigi’s firearms that were seized from his home in 2017.
Image: EZEKIEL AMING'A
The High Court on Tuesday issued a warrant of arrest against Director of Criminal Investigations George Kinoti for contempt of court.
The court ordered Inspector General of Police Hilary Mutyambai to have Kinoti arrested and presented in court to face contempt of court charges.
"Whereas Mr George Maingi Kinoti has this day been charged before this court for contempt of court order pursuant to an order issued by Hon. Justice Mwita on the 21st June 2019," reads the order.
"Therefore you are hereby commanded to apprehend the said Mr. George Maingi Kinoti and to bring him before this court to answer to the said charge and to be further dealt with according to law."
Kinoti is accused of failing to return seven firearms to businessman Jimi Wanjigi as had been ordered by the court.
Kinoti was in November sentenced to four months in prison for contempt of court after failing to comply with court orders to return firearms seized from Wanjigi.
He had been directed to surrender to Kamiti Maximum Prison within seven days, failing which the Director of Public Prosecutions was to issue an arrest warrant against him.
Attorney General Kihara Kariuki has since filed an application with the High Court, asking for Kinoti's sentence at the Kamiti Maximum Prison to be suspended pending the hearing and decision of his petition.
The AG argues that the contempt charges against Kinoti were misdirected because the Firearms Licensing Board is the custodian of firearms.
Kinoti argues two of the firearms in contention are prohibited to be owned by civilians.
Justice Anthony Mrima had given Kinoti seven days to surrender himself to the officer in charge of Kamiti Maximum Security Prison to serve the sentence.
The seven days lapsed on November 26.
“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,” the judge said.
If Inspector General Hilary 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 DCI.
The guns drama started on October 16, 2017, when police raided Wanjigi’s house in Muthaiga. Kinoti was not the DCI then as he assumed the position in 2018.
This was 10 days before the repeat presidential election and Wanjigi claims the raid was political.
During the operation, the police took four Glock pistols, one Smith & Wesson pistol, a Mini Archer assault rifle fitted with a laser, an M4CQ assault rifle and 688 bullets.
They found the weapons in Wanjigi’s kitchen ceiling, which allegedly was not a safe place.
Police raided his home in Muthaiga, Nairobi after guns and bullets were seized at a house in Malindi, alleged to be his.
During the siege, the officers sought to arrest him over the discovery and seizure of seven rifles and 93 bullets in a villa in Malindi.
They had arrived at his home accompanied by crime busters with sledgehammers to break into the house.
Kinoti said in the past, some of the weapons held by Wanjigi are high-precision military firearms that civilians are not supposed to have.
He cited the Firearms Act Cap 114 Laws of Kenya. Police called it "a cache that rivals that of some police stations".
"Investigations have revealed that Wanjigi holds more guns which he failed to surrender when ordered by the Firearms Licensing Board in the letter dated 30th January 2018," Inspector Maxwell Otieno said in an affidavit filed in court in 2020.
The DCI told the court Wanjigi had been in possession of both illegal and illegally acquired firearms and therefore poses a danger to the security of the state.
Edited by CM