Director of Criminal Investigations George Kinoti and billionaire Jimmy Wanjigi has been locked in a court battle over the tycoon’s guns.
Wanjigi is in court demanding Kinoti to be forced to return the firearms seized from his house on October 16, 2017, less than a fortnight before the repeat presidential elections.
Wanjigi claims the move to seize his arms was political.
But the DCI claims the firearms held by Wanjigi are high-precision military firearms that civilians are not allowed to possess.
During the raid at Wanjigi’s heavily fortified house in upmarket Muthaiga, the police officers recovered seven firearms and 688 rounds of ammunition.
During the operation, the police found four Glock pistols, one Smith & Wesson pistol, a Mini Archer assault rifle fitted with a laser, an M4CQ assault rifle, and 688 bullets.
“Investigations have revealed that Wanjigi holds more guns which he failed to surrender when ordered by the Firearms Licensing Board in the letter dated 30th January 2018,” Inspector Maxwell Otieno says in an affidavit filed in court on Wednesday on behalf of Kinoti.
According to the DCI Wanjigi has been possessing both illegal and illegally acquired firearms, therefore poses danger to the security of the country
“Wanjigi previously served as a police reservist and was sacked for threatening other citizens with the firearm he held,” Inspector Otieno said.
Wanjigi filed a contempt suit against Kinoti in June this year for going against the court orders to release the guns the police hold.
Wanjigi told the court that Kinoti’s office had been given a six months’ suspended jail term for violating court orders that the guns be returned.
But according to the DCI Wanjigi cannot lay claim to the guns since his firearms certificate was revoked.
Calling the contempt suit malicious, the DCI said the two guns, the Mini Archer and the .223 CQ owned by Wanjigi are prohibited in Kenya.
The Smith & Wesson pistol is a self-defense semi-automatic handgun while the Mini Archer assault rifle is a Polish-made automatic gun.
The .223 CQ is popular for hunting and self-defense while the Glock 19 is a lower version of the Glock, mostly used by officers in law enforcement.
“The two firearms were subjected to ballistics examination and a report by the DCI confirmed that they were prohibited,” Otieno said.
The DCI also argued that the Director of Public Prosecutions appealed to the ruling that granted Wanjigi permission to take back his guns.
The added that the businessman has not undergone a fresh vetting required of firearms holders was ordered by Interior CS Fred Matiang’i.
The police are further questioned how Wanjigi renewed his firearms certificate after he was disarmed and was serving as a police reservist.
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“He was sacked due to threatening other citizens with the firearm he held and was stripped of the same.
“However, he later under unexplained circumstances, gained his firearm back and has been holding the same alongside other prohibited firearms,” Otieno said.
The DCI cited Justice George Odunga’s ruling that said “to compel the police to return a firearm without the applicant’s license being renewed would amount to making the police commit illegality.”
According to Otieno, the DCI cannot revoke a firearm certificate but only deal with firearms that are exhibited.
