Businessman Jimi Wanjigi and his personal assistant David Kibe have been released on a personal bond of Sh10million each pending the ruling as to whether they will be charged with the criminal offence.
The court said that the very weighty issues have been raised by the defence, which requires time for reconsideration.
A battery of lawyers representing Wanjigi have strongly protested to the court the manner in which their client was arrested and detained at Kamikunji police station.
The lawyers led by senior counsel Paul muite Dr John khaminwa, Willis Otieno, Wiper party leader Stephen Kalonzo Musyoka, Martha karua, Nelson Havi and Daniel Maanzo told trial Magistrate Susan shitubi that the police are in contempt of the high court order that reinstated Wanjigi’s firearm certificate and license in 2019.
The order of the superior court has never been set aside or appealed against it by the state.
The action by the officers from the office of the DCI is in violation and abuse of power that goes against articles 47 and 1 of the constitution that’s provides fare administration of justice.
The lawyers said the court had on 8th August 2024 issued an order restraining IG and the DCI from arresting and detaining Wanjigi pending further directions from the court.
The defence lawyers urged the court to differ plea taking against their client to enable them pursue the contempt application filed before the High court against the inspector general of Police, the firearm licensing board, and the DCI.
They further submitted that the high court did find former DCI director George Kinoti in contempt of court and was subsequently sent to civil jail to serve 4 months.
The arrest of Wanjigi comes after the cancellation of his firearm licence without giving a notice.
