DCI boss George Kinoti was sentenced to four months in prison but he has been exonerated by Firearms Licensing Board.
High Court Judge Anthony Mrima on November 18th sentenced Kinoti to four months imprisonment for failing to obey a court order requiring him to release firearms belonging to businessman Jimi Wanjigi.
Wanjigi sued Kinoti for failing to return the firearms which were seized from his house during a raid on October 16th, 2017.
Kinoti was not even the DCI boss in 2017 when police raided Wanjigi’s house in Muthaiga and seized the military grade weapons.
Firearms Licensing Board issued an official letter clarifying that Kinoti is innocent of the case against him, clarying that the board out to be the defendant in the case and not the DCI boss.
“It has come to our attention that you have been litigating and enforcing court orders against the wrong parties, whilst the right party is this Board as per the Firearms Act Chapter 114 of the Law of Kenya,” reads part of the document from the Board.
The board also said that some of the weapons recovered from Wanjigi’s home are not permitted for use by civilians.
During the operation in 2017 overseen by a multiagency team led by the then DCI boss Ndegwa Muhoro, the police carted away four Glock pistols, one Smith & Wesson pistol, a Mini Archer assault rifle fitted with a laser, an M4CQ assault rifle and 688 bullets.
They allegedly found the weapons in Wanjigi’s kitchen ceiling, which allegedly was not a safe place to store them.
The multiagency team raided Wanjigi’s Muthaiga home in Naironi after guns and bullets were seized at a house in Malindi alleged to be his. During the siege, the officers sought to arrest him over the discovery and seizure of 7 rifles and 93 bullets in a villa in the coastal town.
Some of the weapons found in Wanjigi’s Muthaiga home are high-precision military firearms that civilians are prohibited from having under the Firearms Act Cap 114 Laws of Kenya.
Police say two of the guns – the Mini Archer and the .223 CQ – that Wanjigi wanted returned are prohibited in Kenya.
Court order directed Kinoti to release Wanjigi’s firearms that were seized from his home in 2017, literally asking him to commit a crime.
Justice Anthony Mrima said Kinoti had 7 days to surrender himself to the officer in charge of Kamiti Maximum Prison to serve the sentence. The 7 day window lapsed on November 26th.
“In the event Kinoti fails to avail himself as ordered, a warrant of arrest will be issued against him. The warrant shall be executed by the Inspector General of Police. If IG Hilary Mutyambai fails to execute the warrant, the same shall remain valid and be executed at any time, including when Kinoti leaves the office of the DCI,” the judge said.
Related: Reprieve For DCI Boss Kinoti As Judge Anthony Mrima Who Sentenced Him Is Exposed By Sonko As Corrupt