The Attorney-General now wants the impending arrest of Director of Criminal Investigation George Kinoti for contempt of court to be suspended.
Kinoti was sentenced to four months in prison last Thursday after failing to comply with court orders to return firearms seized from businessman JimmyWanjigi.
In a petition filed in court, Kihara Kariuki, through lawyer Cecil Miller wants Kinoti’s sentence to Kamiti Maximum Security Prison suspended.
“The DCI has since written to the Attorney-General instructing them to write to Mr. Wanjigi’s advocates inform them to collect their firearms from the board. By doing so, the DCI has purged the contempt,” states AG Kariuki 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 claims that the contempt charges against Kinoti were misdirected because the Firearms Licencing Board is the custodian of firearms.
Kariuki is seeking to have last week’s court orders suspended to pave way for hearing and determination of his request.
Kinoti has until tomorrow to surrender to the prison within 7 days, failure to which the Directorate of Public Prosecutions has been instructed to issue an arrest warrant against him.
Meanwhile, Law Society of Kenya were directed to probe a city lawyer who filed an application on Kinoti’s behalf.
Calvin Koome, the lawyer who filed the application on Friday last week, admitted to court that he had no instructions from Kinoti and the application was irregularly filed.
“I had no direct instructions from the DCI. I had instructions from a proxy,” he said.
Koome also confirmed to the court that the law firm he used to file the application did not authorise him to do so.
The Judge in withdrawing the application, he said Koome’s actions raise serious issues on his conduct which border on fraud and criminal activity.
