The High Court has ordered the immediate release of the controversial businessman Jimmy Richard Wanjigi from custody.
Nairobi Chief Magistrate Bernard Ochoi also lifted warrant of arrest against him and his wife Irene Nzisa.
Wanjigi was freed without any charge after the Director of Public Prosecutor (DPP) verified the High Court order barring the State from arresting the politician until the matter is heard and determined.
“We are satisfied that the orders of stay produced before this court for Jimmy Wanjigi are genuine.We will abide by the orders of the High Court,” the prosecution has said.
This comes after Wanjigi refused to take plea in court citing the High Court order stopping his arrest and prosecution by either the Inspector General of Police and the DPP.
The business mogul’s legal team led by Willis Otieno described the move to arrest and detain him as an abuse of the judicial process.
“It is an insult to this judicial process for the same respondents to purport to arrest, seek to register or continue with any charges,” he stated.
Otieno further opposed that the arrest warrant obtained by the State was in violation of the law since no summon had been issued against Wanjigi to appear in court or in a police station.
He said Justice Anthony Mrima issued the order on January 18, 2022, and the same was served on all the respondents including the IG and DPP.
The prosecution sought a request from court to verify the order and the matter was set for mention this afternoon.
This is to allow for the verification of a court order issued to stop the arrest of Wanjigi until February 9, 2022.
Wanjigi has refuted claims that his arrest was linked to land wrangles claiming it is on the basis of his presidential aspirations.
Speaking to journalists at Kamukunji Police Station in Nairobi, he stated that the arrest was based on the remarks he made on Saturday while popularising his presidential bid.
Wanjigi accused some Orange Democratic Movement (ODM) top political figures of dishonesty.
“There is a bigger picture here and it has to do with elections, after all why is it that every election it is Jimi that is sought, 2017 I am being looked for, 2022 now suddenly, in between that there is no problem. It is about the elections. I am making the elections very uncomfortable for some people,” Wanjigi said.
He added that he was being “targeted” by those against his presidential bid pointing out a similar incident during the last general election where his Muthaiga home was raided over possession of illegal firearms.
