It may be a while before businessman Jimmy Wanjigi gets his guns back.
Despite getting a court order directing the government return his seven guns, Director of Public Prosecutions (DPP) Noordin Haji has proceeded to the Court of Appeal to block the move.
Mr Wanjigi’s guns were confiscated by the state two years ago.
Last month, Justice Chacha Mwita ordered the police to release the firearms to the businessman, whose licence had been revoked and is yet to be reinstated. But the DPP is challenging the court decision and has filed a notice of appeal at the Court of Appeal.
“Take notice that the DPP and DCI herein, being dissatisfied with Justice Mwita's ruling... herein appeal against the whole of the said decision,” reads the notice lodged in the court registry on same day.
The notice was to be served upon Soweto and company advocates and the AG.
Mwita had ordered the state to return Wanjigi’s seven firearms, arguing that the latter acted irrationally by carting away the guns while he still held a valid licence to keep them.
The judge ruled that Wanjigi’s rights were violated by the respondents.
“The actions by the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” Justice Mwita ruled on June 21.
Inspector General of Police Hillary Mutyambai, Haji, Director of Criminal Investigations George Kinoti and Attorney General Kihara Karuiki are listed as the petitioners in the appeal notice while Wanjigi and his wife Irene Nzisa Wanjigi are the defendants.
In the High Court, Wanjigi had said the police forced themselves in to his house without a search warrant from the court and took away his firearms.
He said there was no proof of abuse of the weapons nor had he been charged in any court for crimes.
Police Inspector Maxwell Otieno claimed Wanjigi’s firearm licence had been revoked for allegedly threatening members of the public with the guns.
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