The Directorate of Criminal Investigations (DCI) boss, George Kinoti, has been spared a four-month jail term.
In a ruling delivered Wednesday, December 15, the Court of Appeal granted orders temporarily barring the arrest and subsequent jailing of the DCI boss.
The three-judge bench led by Justice Fatuma Sichale stayed the sentence pending the delivery of a detailed ruling on April 1, 2022.
The decision comes after Attorney General Paul Kihara Kariuki filed an appeal challenging the decision of the High Court to commit Kinoti to civil jail over contempt of court.
This comes after the AG informed the appellate court that Justice Antony Mrima errored in law by committing Kinoti to jail without being heard.
Through lawyers Cecil Miller and Wilfred Nyamu, the AG argued that the DCI does not keep or store civilian firearms.
DCI Kinoti had asked the court to issue a stay order on the warrant of arrest and from the continued harassment that he was subjected to by businessman Jimi Wanjigi and his wife, Nzisa Wanjigi.
He stated that he was fearful that the harassment would not stop unless the court intervened in his case.
"I, George Kinoti, state that I am apprehensive that the continued harassment of myself shall continue not unless the court grants the stay orders sought in my application dated 30th November 2021," he stated in his affidavit.
High Court Judge, Anthony Mrima, dismissed the appeal stating that there was no new or compelling evidence to allow the application.
"Review entails court making a departure on the earlier issue. The applicant relied on the issue of discovery of new evidence that was not availed to the trial court and would have led the court to reach a different finding," stated the Judge.
Justice Mrima directed that Inspector General of Police, Hillary Mutyambai, arrests Kinoti for failure to surrender to prison for contempt of court.
"You (IG Mutyambai) are hereby commanded forthwith to apprehend the said George Kinoti and bring him before this court to answer to the said charge, and to be further dealt with according to law,” read the warrant.
