The high court has dismissed an appeal that was intended to save DCI boss George Kinoti from the four-month jail term.
The Attorney General Paul Kihara Kariuki, filed a petition on November 24, to have the court suspend the jail term.
Kinoti was sentenced to jail for ignoring a court order that required him to return 7 guns that were taken from businessman Jimmi Wanjigi back in 2017.
The AG argued that Kinoti was not in charge of civilian guns, saying that the guns were in custody of the Firearms Licensing Board.
In a ruling delivered on Monday, Justice Anthony Mrima insisted that Kinoti must serve the jail sentence for ignoring the court order.
Regarding the gun’s custody issue, the judge said that the matter had been dealt with in a previous ruling.
Judge Mrima further said that the petitioners did not present in court any evidence to prove that the guns were transferred to the licensing board.
“All government communications are in writing, but in this particular case, there was no evidence produced to confirm the manner or the date in which the petitioner transmitted the firearms to the board,” Mrima said.
According to the judge, the lack of evidence only proves that the guns in question are still in the hands of Kinoti.
Kinoti was required to surrender himself at the Kamiti Maximum prison but failed to do so.
The judge initially ordered the Director of Public Prosecution to issue an arrest warrant against the DCI boss if failed to surrender at the prison.
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