The Office of the Director of Public Prosecutions (ODPP) on Thursday pulled a surprise move in a case against business tycoon Jimi Wanjigi and his father James Maina Wanjigi.
In the suit where the two are charged with possession of illegal firearms, the DPP declined to speak during the mention of the case.
The DPP was expected to withdraw charges against the two but when he was given the opportunity to do so remained silent.
Lawyer Kiogora Mugambi, representing the Wanjigis, had assured Nyeri Resident Magistrate Ruth Kefa that the charges would be dropped citing an alleged agreement.
Mugambi was quick to inform the judge that his clients had filed four applications at the High Court challenging their prosecution which were yet to be determined.
Justice Pauline Nyamweya who heard the mention of the case last week noted that the case needed to be expedited.
"The judge said she would not continue mentioning the matter in the hope that DPP was going to withdraw the charges at the lower court in Nyeri.
"She said it must continue and fixed a hearing date," Mugambi stated on Thursday.
The High Court, however, issued an order barring the lower courts from hearing the case until the four applications are determined.
The case against the Wanjigis will be mentioned again on December 6.
