6 December 2018

Kenya: Guns Case Against Jimi Wanjigi Pushed Over High Court Delays

A Nyeri court has once again extended an order suspending criminal proceedings by the State against businessman Jimi Wanjigi his father James Maina and two others.

Senior Resident Magistrate Nelly Kariuki on Thursday adjourned the case to March 7, 2019 since the High Court is yet to conclude four judicial review applications filed by the suspects.

NO WITHDRAWAL

When the cases came up for mention on Thursday, Mr Wanjigi's lawyer Kiogora Mugambi told the magistrate that a ruling on the applications will be issued on March 5 next year at the High Court in Milimani.

Mr Wanjigi, his father, his bodyguard Boniface Nginyo Mwaura and Nairobi-based lawyer Memba Muriuki are facing prosecution over the use and sale of 10 firearms and 100 bullets.

The DPP wants Mr Wanjigi to answer 11 counts of having illegal firearms and ammunition without lawful justification and without having a firearms certificate.

"The applications are pending in the High Court. The stay orders to stop these proceedings are still in place," Mr Mugambi told the court.

The lawyer added that he was shocked that Director of Public Prosecution (DPP) Noordin Haji had not withdrawn the case.

"I had information from the office of the DPP and case investigators that the charges against my clients would be dropped because they were linked to 2017 politics. But the DPP is yet to give directions to the State counsel in Nyeri."

FURTHER DIRECTIONS

The cases, which started on March 1, 2018, are yet to kick off as High Court judges Pauline Nyamweya and George Ondunga stopped them until the applications are determined.

The order, directed to the inspector general of police, the DPP and Nyeri Chief Magistrate Wendy Kagendo, stopped commencement of the criminal cases and plea-taking pending the issuing of further directions by the court.

Police were also barred from arresting the suspects in connection to the charges.

The four suspects secured anticipatory bails of Sh50,000 each.

In the applications, Mr Wanjigi indicated that the prosecution abused administrative powers and the judicial process.

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