Court blocks DPP from charging Wanjigi in firearms drama case

Businessman Jimmy Wanjigi at a Milimani Law Courts, Nairobi, on August 20, 2024. [File, Standard] Businessman Jimi Wanjigi has won another round of the guns battle with government. This is after High Court Judge Bahati Mwamuye on Thursday quashed the Firearms Licensing Board's decision to cancel his license. Justice Mwamuye also barred the Director of Public Prosecution (DPP), Renson Igonga, from charging Wanjigi over last year's gun drama. "A declaration be hereby issued that the first respondents' decision to revoke the petitioner's firearm license is null and void. The decision to revoke the applicant's firearm certificate is quashed. An order is hereby issued barring the respondent from charging the petitioner with respect to the firearms," ruled Mwamuye. At the same time, the judge dismissed the businessman's application to commit Directorate of Criminal Investigation (DCI) boss Mohamed Amin to jail for allegedly defying court orders. According to the judge, Wanjigi did not prove his allegations that the top detective had declined to obey court orders issued last year. The judge also terminated the charges against Wanjigi's two bodyguards, Calvin Ochieng Odongo and Dancun Odhiambo Otieno, after finding that the DPP violated their rights. Ochieng and Odhiambo had been accused of having grenades. However, in their case, they told the judge that the explosives were planted by police officers who had raided Wanjigi's home in Muthaiga. Justice Mwamuye said the case before the lower court could not be sustained as it was premised on illegality."The prosecution of the petitioners started with an illegality and constitutes an abuse of process. The DPP prosecutorial discretion has been exercised in a manner inconsistent with constitutional principles. The court therefore declares that the arrest, prosecution of the petitioners violated their constitutional rights," said Justice Mwamuye. Wanjigi was detained at the Kamukunji Police Station in August last year, shortly after appearing before Regional Investigation Officer at the Nairobi area. He had been summoned in connection with a vehicle found parked outside his gate on August 8 2024. Police claimed that they allegedly found teargas canisters, mobile phones, and assorted chargers, among other things. But the former Safina party presidential candidate denied ownership of the Russian-made teargas canisters. In his defence, he claimed that the police planted the weapons during the raid. He sued the DCI, the Attorney General and the DPP. Wanjigi's lawyers, Nelson Osiemo, and Willis Otieno told the court that he was trailed by the police from the Central Business District (CBD) after participating in the 'Nane Nane' protests. "I have publicly supported the demonstrations by the GenZs and criticised how the respondents have handled the demonstrations; I have reason to believe that the threatened arrest and constant harassment is politically motivated and the threatened arrest and or search have no legitimate connection whatsoever with the legitimate objectives recognised by law," said Wanjigi in his affidavit. He claimed he had been subjected to untold suffering for voicing his discontent with the Kenya Kwanza administration. During the raid, the then acting Inspector General of Police Gilbert Masengeli claimed that they found four teargas canisters, two Motorola mobile phones and seven chargers in the vehicle. However, Wanjigi said the vehicle did not belong to him or his associates in court.He said the vehicle was used to hoodwink the public into believing the police were raiding the home for a legitimate reason. It is not the first time the DCI is entangled in drama with the businessman. In 2017, they raided his home again and carted away his guns.

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Court blocks DPP from charging Wanjigi in firearms drama case

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