Attorney General Paul Kihara has moved to court to appeal the sentencing of Director of Criminal Investigations George Kinoti to four months at the Kamiti Maximum Security Prison.
The DCI boss was sentenced for contempt of court after he failed to return guns confiscated from billionaire businessman Jimmy Wanjigi.
Kinoti was ordered to present himself to the prison before Thursday, failure to which the Director of Public Prosecutions was ordered to issue an arrest warrant that will be executed by the Inspector General of Police.
File image of DCI George Kinoti. |Photo| Courtesy|
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AG Kihara moved to court arguing that the firearms were not in the possession of the DCI boss rather, the Firearms Licensing Board.
Through lawyer Cecil Miller, the AG stated that Kinoti has no role in the handling of civilian firearms.
“The DCI has since written to the Attorney-General instructing them to write to Mr. Wanjigi’s advocates inform them to collect their firearms from the board. By doing so, the DCI has purged the contempt.
“Wanjigi maliciously failed to failed to disclose to this court material facts which if were disclosed, the court would have arrived at a different decision,” states AG Kariuki in court papers seen by Nation.
The AG further noted that Kinoti had already informed Wanjigi to get his guns from the board even before the court sentence.
AG Kihara now wants the sentencing suspended to pave way for the hearing and determination of his appeal.
Speaking to the press on Sunday, November 21, Kinoti said he would rather go to jail than return businessman Jimi Wanjigi’s confiscated firearms, saying he does not have custody of the firearms in question.
"The petitioner and the judge know it's the board that is the custodian of civilian firearms. But instead of the court asking the right authority, they turn to Kinoti,” Kinoti said.
“What is the nexus between the DCI and the person whose license was revoked? The DCI, even if he is jailed for 100 years, can't give Wanjigi firearms he doesn't have," he added.
Kinoti further stated that even if he were to be in possession of the firearms, he would not return them to Wanjigi because they are prohibited, noting that they are only allowed for use by the special forces.
"Even if the DCI had the firearms, and gave them back to Wanjigi, he would be breaking the law as the license to have the guns has been revoked. Some of the guns confiscated during the raid are prohibited firearms as they belong to special forces. Why would a judge order that such be returned to a civilian?" He posed.
