A court has extended orders stopping the Director of Public Prosecutions (DPP) from charging a Nairobi-based lawyer for selling firearms and bullets to businessman Jimi Wanjigi (pictured).
When the matter came up for mention yesterday, Chief Magistrate Wendy Kagendo heard that a judicial review application filed by Memba Muriuki at the High Court in Nairobi is yet to be determined.
Muriuki had been summoned before Ms Kagendo, but his lawyer told the court that orders issued in March last year suspending the criminal proceedings are still in force.
The High Court orders named the Inspector General of Police, DPP and the Nyeri Chief Magistrate as the first, second and third respondent respectively.
Muriuki's lawyer told Ms Kagendo that the orders had been obtained from Justice Roselyn Aburili.
In her ruling, Justice Aburili allowed the lawyer to file a judicial review application in which he is opposing his prosecution.
“Leave is hereby granted restraining the first and second respondents or any other officer under their authority from instituting/commencing criminal proceeding, summons, charges or prosecution in criminal case number 252 pending for plea at the Nyeri Law Courts,” the orders read in part.
Muriuki is facing four charges of selling three prohibited semi-automatic self-loading military assault rifles to Wanjigi.
The lawyer is alleged to have sold the weapons to the businessman on August 12, 2014 and on October 17, 2013 at Armament Limited in Umeme Plaza along Naivasha Road.
On April 4 this year, Wanjigi and his two co-accused – his father James Maina and bodyguard Boniface Nginyo – had a reason to smile after a court terminated all criminal charges against them related to possession of the weapons.
The termination of the case came after the High Court in Nairobi quashed the charges and summons that had been issued against the three on March 28.
In her 35-page ruling in Nairobi, Justice Pauline Nyamweya said the Inspector General of Police and the DPP abused their offices by preferring charges against the defendants away from where the alleged crimes were committed.
The High Court in Nairobi subsequently ordered the State to return the seven firearms to Wanjigi.
“The plaintiff’s rights were violated by the respondents. The actions of the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” ruled Justice Chacha Mwita.
Stay informed. Subscribe to our newsletter
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
join