High court judge George Odunga has temporarily suspended summons issued by a Nyeri court requiring Jimmy Wanjigi to appear to take a plea in the illegal gun possession case.
The court on Thursday halted the businessman's criminal case which is pending at the magistrate's court.
Wanjigi was charged in Nyeri with importing a prohibited gun.
The summons issued by chief magistrate Wendy Kagendo required him to appear in court on Monday and plead to charges relating to the importation of illegal firearms.
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Justice Odunga, however, declined to issue orders barring police from charging the businessman in any other court in the country.
He said that doing so would be an abuse of the court process.
Lawyers James Orengo, John Khaminwa, and Nelson Havi had asked to judge to restrain police from instituting any criminal case against the businessman in any court.
The judge said Wanjigi is at liberty to proceed with the application seeking to permanently quash the summons and block police from charging him.
"He has so far proved that he (Wanjigi) has an arguable case," Odunga said in his ruling at the Milimani law court.
In the application filed by lawyer Nelson Havi, Wanjigi said that the summons issued by the Nyeri is procedurally unfair.
Wanjigi, in the application, further claims that the orders were given without compliance with directions of the High court and is, therefore, erroneous and unlawful.
He argues that the action was taken with an ulterior motive or purpose calculated to prejudice his legal rights.
