DCI boss George Kinoti has until Thursday to surrender himself at the Kamiti Maximum prison to serve his jail term.
Failure to do so, the Director of Public Prosecution will issue an arrest warrant against Kinoti for defying court orders.
Kinoti was sentenced to jail for four months over contempt of court in a case on firearms belonging to businessman Jimmi Wanjigi.
The court ordered Kinoti to return 7 firearms that were confiscated from the businessman’s home in 2017 but he failed to do so, prompting the court to sentence him.
The Attorney General Kihara Kariuki has now petitioned against the sentence requesting the court to have it suspended.
Kariuki argues that the Contempt of Court charges were misdirected since the firearms are with the Firearms Licensing Board.
Through his lawyer Cecil Miller, Kariuki claims that Kinoti is not entitled to handling civilian firearms.
“The DCI has since written to the Attorney-General instructing them to write to Mr. Wanjigi’s advocates inform them to collect their firearms from the board. By doing so, the DCI has purged the contempt,” states AG Kariuki in court papers.
He further said that Kinoti had directed Wanjigi to pick his guns from the board before the court sentence but he failed to do so.
“Wanjigi maliciously failed to disclose to this court material facts which if were disclosed, the court would have arrived at a different decision,” the documents further read.
Kinoti however said that he even if he were in possession of the guns, he would not return them to the businessman because they are prohibited and only allowed for use by special forces.
“Even if the DCI had the firearms, and gave them back to Wanjigi, he would be breaking the law as the license to have the guns has been revoked. Some of the guns confiscated during the raid are prohibited firearms as they belong to special forces. Why would a judge order that such be returned to a civilian?” Kinoti asked.
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