Reprieve for Kinoti after court halts jail sentence

Court of Appeal has temporarily lifted a four-month jail sentence handed to Director of Criminal Investigations George Kinoti for failing to return businessman Jimi Wanjigi’s guns.

Justice Fatuma Sichale, Dr Imaana Laibuta and Mbogholi Msagha temporarily halted the sentence handed by Justice Anthony Mrima until Mr Kinoti’s appeal is heard and determined.

“Indeed it is not a dispute that the applicant has already been sentenced to four months imprisonment…If the appeal succeeds, the prison sentence cannot be reversed and the substratum of the appeal will be lost thus rendering it nugatory,” ruled Court of Appeal bench headed by Justice Sichale.

In his application, Kinoti faulted the High Court for ordering that he be jailed for four months over defying court orders to return the businessman’s guns. He argued that Justice Anthony Mrima did not hear his side of story and unfairly declined to review his orders that Kinoti presents himself to Kamiti Maximum Prison, failure to which, the Inspector General of police Hillary Mutyambai arrests him.

Justice Mrima ordered the IG to arrest Kinoti after the seven days ultimatum to present himself to Kamiti lapsed. Kinoti’s lawyers Cecil Miller, Wilfred Nyamu argued that the judge erred by holding that he was the person responsible for the firearms confiscated from the businessman. According to him, Wanjigi was all through aware that the guns are with the firearms licensing board and that the board and clarified to him on November 26, 2021 that he was pursuing the wrong person.

“The ruling is based on a point in relation to the custody of firearms. We have shown the court that there was point for review, which was not taken. If the application before you is not granted, the applicant will be forced to serve four months in Kamiti and this will render this appeal to be rendered nugatory. The prison term cannot be reversed,” argued Miller.

However, Wanjigi’s lawyer Willis Otieno urged the court to deny him audience until he starts complying with the court orders. According to him, Kinoti is a fugitive of the law as he also defied orders to present himself to Kamiti to start the four months sentence.

“We oppose the application. We are before the court with an applicant who has been in active defiance of court orders. He has even disobeyed the court orders that he presents himself to Kamiti by December 7. He has now mutated to become a fugitive of the law. He should have been in Kamiti serving the sentence,” Otieno argued.

According to Wanjigi, the issue of who was in possession of the firearms was resolved by High Court judge Chacha Mwita. Mr Otieno said Kinoti did not appeal the finding by Justice Mwita that he had the firearm.

While disputing that the firearm licensing board has the guns, Otieno argued that Kinoti confirmed that DCI took the firearms.