Jimmy Wanjigi is finally a free man and will not be compelled to any charges after the High Court threw out his case on Tuesday.
Police had, in October 2017, recovered seven fire arms in his house in Muthaiga and pressed eleven charges against the businessman.
In her ruling, Justice Pauline Nyamweya revealed that the Director of Public Prosecutions (DPP) and the Inspector General (IG) of Police pressed charges against him out of sinister motives.
According to The Standard, the Judge further faulted the two offices for preferring charges in Nyeri, which was a way from where the crime was reportedly committed.
“By charging the applicant in Nyeri Chief Magistrate’s Court, they violated the applicant’s legitimate expectation that the respondents would follow the correct legal process as set by the law,” ruled Nyamweya.
In their defense, the DPP and IG told the court that they had moved the court to Nyeri since it was his rural home.
While disputing the decision, the judge observed that the two offices had been unfair to Wanjigi since it inconvenienced him and had additional expenses.
Wanjigi revealed that he had not been to his rural home for more than a year when they police raided his house.
The businessman was on in March 2018 charged with offence of being in possession of prohibited firearms.
Shortly after, drama unfolded in Nairobi when several police officers showed up to arrest him but he escaped after he locked himself in his bullet proof car.
The judge further faulted the means through which the IG employed while serving the businessman with summon terming them as unwarranted and using excessive force.
“The procedure, therefore, employed by the first respondent (IG) to serve the applicant with the said summons was not only unwarranted, and the use of excessive force during the process as also in abuse of the due process and of their powers,” stated Nyamweya.
