George Kinoti, has responded to a High Court judgment sentencing him to four months at the Kamiti Maximum Prison.
The DCI boss says he would rather go to prison than obey what the court is compelling him to return Jimmy Wanjigi’s firearms.
He argued that he does not have the firearms and that the licencing board on January 31,2018 they revoked Wanjigi’s firearms and that Wanjigi can not own any firearms till the license is reinstated.
“Even if the DCI is jailed for 100 years, I cannot give Wanjigi firearms I don’t have,”he said.
Kinoti argued that even if he returned the guns to Wanjigi it would be breaking the law as his license is revoked.
He further questioned the judges ruling for the guns to be returned to a civilian saying that some of the guns confiscated were illegal and belonged to special forces.
“The court should have reprimanded Wanjigi instead. Also there is no evidence to show that Wanjigi has appealed to have the license reinstated. I am ready to go to jail,” Kinoti said.
Kinoti filed an application seeking to bar Inspector General of Police, Hillary Mutyambai, from apprehending him.
The DCI Kinoti stated that the orders threatened his responsibilities to the community and will cause “unfathomable and irreparable damage to the office he holds”. He noted that with his duties and mandate he ought to protect the security of the country and region.
He further stated that jailing him as Justice Anthony Mrima had directed would be detrimental and cause him an irreparable loss. The sleuth added that the damage will result in insecurity since he is carrying out multiple investigations.
Kinoti’s attempts to have the orders by Justice Mrima quashed failed after Judicial Review Judge, Anthony Ndung’u, declined to grant his application.
“I have considered the application. Whereas the matter is urgent given the imminent incarceration of the applicant and noting that the impugned orders are by a Judge of the High Court and cognizant of the court’s jurisdiction in judicial review and the limitations thereto, it is my considered view that this is not an appropriate case for grant of the sought orders ex parte,” Justice Ndung’u stated.
Kinoti was sent to jail after the court found him guilty of contempt after failing to return a firearm confiscated from businessman and presidential hopeful Jimmy Wanjigi.
The Judge, Anthony Mrima on 18th November 2021, ordered Kinoti to surrender to prison authorities within seven days to commence his sentence. Mrima also issued warrants against the DCI boss and directed the Inspector General of Police to enforce them.
The sentencing of four months followed after Kinoti failed to present himself in person on Monday, September 27, 2021, in court following summons by the Judge.