• Wanjigi was freed after the DPP through Eveline Onunga told the court that she had perused the High Court order issued on Tuesday and was satisfied that there is a stay order in place.
Image: ANDREW KASUKU
A Nairobi magistrate on Wednesday directed that businessman Jimi Wanjigi be released from police custody following his dramatic arrest on Tuesday over an alleged land fraud case.
Milimani senior principal magistrate Bernard Ochoi, while issuing the order, cited a High Court order that stayed Wanjigi's prosecution.
Wanjigi was Tuesday arrested after a 20-hour siege by police at his offices on General Mathenge road. Ochoi had earlier issued a warrant of arrest against Wanjigi.
"I lift the warrant of arrest against Wanjigi and order that he be set free and released from custody," the magistrate ruled on Wednesday.
He also suspended summons he had issued against Wanjigi's wife Irene Nzisa. But the summons will remain in force against six other suspects.
Wanjigi was freed after the DPP through Eveline Onunga told the court that she had perused the High Court order issued on Tuesday and was satisfied that there is a stay order in place.
“We are satisfied with the order and in that case we abide by it," the prosecutor said.
She however stated that police will go ahead and arrest the six suspects who were summoned to appear in court next week on Monday for plea-taking.
The six include Himanshu Dodhia alias Velji Premchard, Kaneez Noorani, Mohammed Hussein, Mohammed Hussanali, Kairu Augustine and John Njenga.
They will be charged with several counts of forgery and fraud.
The case for Wanjigi and Nzisa will be mentioned on March 18.
Earlier on, Wanjigi’s lawyers had opposed his arraignment and prosecution, saying it was in violation of orders issued by the High Court.
Wanjigi, who was being represented by five lawyers led by Willis Otieno, told court that the purported charge sheet against his client was registered on Tuesday and no summons had been issued to any police station on the same.
"It is irregular for the state to apply for a warrant without summons," the lawyer argued.
While opposing his prosecution, Otieno argued that the accused was brought in court by police violating the orders issued by the High Court on January 18 which was directed to the IG, his officers and the DPP.
"The order is to the effect which restrained the first and second respondents from instituting, arresting registering and or continuing any criminal charge or charges against Wanjigi," he told the court.
Otieno told court that the breaking into Wanjigi’s office in Westalnds caused damages of Sh10 million.
Edited by A.N