In June 2019, the National Police Service and the Directorate of Criminal Investigation (DCI) were ordered to return guns that had been confiscated in businessman Jimmy Wanjigi's home back in October 2017.
Making the ruling, high court judge Chacha Mwita stated that security officers had violated Wanjigi's rights by raiding his Muthaiga home without a warrant.
Wanjigi has since filed a contempt suit against Kinoti, saying that his guns were yet to be released and that DCI was disrespecting court orders.
He stated that the DCI had been issued with a six-months suspended jail term for violating court orders by justice Chacha.
In an affidavit filed in court on Wednesday, Inspector Maxwell Otieno, on behalf of Kinoti, indicated that investigations revealed that Wanjigi holds more guns than he surrendered when ordered by the Firearms Licensing Board in the letter dated 30th January 2018.
Additionally, the court was told that Wanjigi has been in possession of both illegal and illegally acquired firearms, which may pose a danger to the security of the state.
"Wanjigi previously served as a police reservist and was sacked for threatening other citizens with the firearm he held," Otieno stated.
Further, the police stated that a ballistic examination and a report by police indicated that two of the guns that Wanjigi wanted returned are prohibited in the country.
The inspector stated that the DPP had made an appeal following the June 2019 ruling, where court granted Wanjigi permission to take back his guns.
The police are also seeking to find out how the businessman was able to renew his firearms certificate after he was disarmed.
“He was sacked due to threatening other citizens with the firearm he held and was stripped of the same. He, however, later gained his firearm back," Otieno stated.
In conclusion, police stated that Wanjigi was not under any threat as he lives in a secure area and was driven in armored vehicles.
“It is interesting that Wanjigi doesn’t want to subject himself to the requirements of the Act after his certificate was revoked. Holding a gun is not a constitutional right but a privilege," police stated.
The gun battle between the DCI and Wanjigi has been going on since Wanjigi’s house was raided on October 16, 2017 just 10 days before the repeat presidential election.
During the raid, police seized four Glock pistols, one Smith & Wesson pistol, a Mini Archer assault rifle fitted with a laser, an M4CQ assault rifle and 646 bullets.