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DCI Kinoti Must Serve Four-Month Kamiti Prison Jail Term After High Court Declines Appeal

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A third attempt by DCI Boss George Kinoti to skip a four month jail term has failed miserably when a judge rejected in total fresh evidence which the convict was hanging on.

Although the DCI boss stated that the firearms were in the hands of the firearms licensing board, the Judge stated that no evidence of how they were turned over to the board had ever been presented in court.

Justice Antony Mrima dismissed the evidence that it is the arms licensing board which was in possession of the firearms confiscated form homes of businessman Jimi Wanjigi in Nairobi and Malindi.

A fourth attempted to sneak in a letter dated November 27,2021 from the licensing board inviting Wanjigi to go and collect his firearms also hit a snag since it was brought to the courts attention after the delivery of the ruling seeking to set aside the jail term.

In rejecting the fresh application by the Attorney General through lawyer Cecil Miller and a state counsel MS Mwangi to suspend the sentence on the strength of purported new evidence, the judge said Kinoti never tabled any correspondence of movement of the firearms from the DCI officers to the firearms licensing board for safe custody.

“There is no evidence to show how the seized firearms were moved from DCI officers to the licencing board,” Justice Mrima ruled.

The court’s decision is a major blow to the DCI who has fought tooth and nail to avoid being jailed.

Mrima observation that the initial orders finding Kinoti guity of contempt have neither been suspended or appeal against to date.

The judge also rejected assertion by Kinoti that he was irregularly sued instead of the licencing board lack merit.

Miller said that Kinoti is not a custodian of firearms but the firearms bureau whose board is appointed by the Interior Cabinet Secretary.

Miller told the court the DCI was irregularly sued by businessman Jimi Wanjigi whose firearms were taken aware by his predecessor Ndegwa Muhoro.

Urging the court to vacate the conviction and the sentence, Miller said the correct firearms licencing board was not sued over the firearms issue and as a result the conviction and sentence against Kinoti was misdirected.

Miller said it erroneous to refer Kinoti as a run away fugitive convict as referred by Wanjigi’s lawyer Willis Otieno.

Wanjigi has vehemently opposed the request to vacate the jail term.

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