The High Court has turned down a petition seeking to have the Directorate of Criminal Investigations arrest businessman Jimi Wanjigi over alleged illegal possession of secret firearms.
Issuing the ruling on Friday, December 3, Justice Anthony Ndung'u of the High Court Judicial Review Division, dismissed attempts by activist Memba Ocharo to issue orders compelling DCI George Kinoti to arrest Wanjigi.
"I have considered the prayer that leaves granted operates as a stay. On the material before me, I'm not satisfied that the application meets the legal threshold for the grant of this prayer. The same is declined," ruled Justice Ndung'u.
DCI Kinoti alongside Wanjigi, Ocharo, and the Inspector General of Police, Hillary Mutyambai, were granted seven days to file their pleadings before the next hearing set for January 25, 2022.
Ocharo had moved to court through lawyer Danstan Omari, seeking to compel the DCI to recover the weapons from the city businessman, who is also eyeing the country's presidency.
"A judicial review order of mandamus does hereby issue compelling Inspector General of Police and Director of Criminal Investigations to immediately arrest and take appropriate action against Wajingi for being in possession of illegal firearms and ammunition contrary to his firearms certificate," argued Ocharo in his court papers.
According to Omari, Wanjigi has weapons more powerful than most police stations in the country. He added that Wanjigi is a security threat to the public owing to his ownership of weapons authorized for military use only.
"Kinoti is sleeping on his constitutional mandate which he was sworn to discharge. He should not allow weapons of high calibre to be in the hands of a civilian who is not a detailed and a trained Kenya Defence Forces (KDF) officer," Omari noted.
Evidence presented in court showed that the presidential hopeful has in his possession over 688 rounds of ammunition and 11 guns.
Omari has also asked the Firearms Licensing Board to summon and interrogate Wanjigi.
In 2017, police recovered and confiscated guns when they raided Wanjigi's homes in 2017. Following the raid, Wanjigi filed a case in court and successfully got orders compelling Kinoti to return the weapons.
