Blow to Director of Criminal Investigation (DCI) George Kinoti after the High Court declined to suspend the order that he serves fours months jail term.
Justice Antony Mrima said the state has failed to produce fresh evidence which the court can rely on to set aside the sentence.
Last week, Mrima ordered Kinoti to be jailed for four months after he was found guilty of contempt.
“Given the nature of orders sought and history of the matter, this court is of the view that any orders will be considered after hearing of the application,” ruled Mrima.
Attorney General Paul Kihara sought to have the sentence set aside, an application that was thrown out by Justice Mrima.
Kariuki, through lawyer Cecil Miller wanted Kinoti’s sentence to Kamiti Maximum Security Prison suspended.
“The DCI has since written to the Attorney-General instructing them to write to Wanjigi’s advocates inform them to collect their firearms from the board. By doing so, the DCI has purged the contempt,” stated the AG in court papers.
“Wanjigi maliciously failed to failed to disclose to this court material facts which if were disclosed, the court would have arrived at a different decision.”
The AG claimed that the contempt charges against Kinoti were misdirected because the Firearms Licencing Board is the custodian of firearms.
However, Justice Mrima declined to set aside the order.
Wanjigi has maintained that his firearms are in the custody of the DCI boss and not the Firearm Licensing Board.