Politician and businessman Jimi Wanjigi appeared in court on Tuesday, August 20, to contest his prosecution over the alleged illegal possession of 10 firearms.
Mr. Wanjigi, through his legal team comprising Senior Counsels Kalonzo Musyoka, Paul Muite, Martha Karua, John Khaminwa, and lawyers Eugene Wamalwa, Jackson Kala, Henry Kurauka, and Willis Otieno, urged the Milimani Chief Magistrate Susan Shitubi to dismiss the charges filed against him.
Lead counsel Kalonzo Musyoka argued before the court that the case was being pursued in violation of existing High Court orders which had barred Mr. Wanjigi’s prosecution.
“The prosecution has brought this case in contravention of High Court orders barring Wanjigi’s prosecution,” Mr. Kalonzo stated, adding that the trial was politically motivated with no legal basis.
Mr. Paul Muite supported this argument, asserting that police had ignored court orders that restrained the arrest and prosecution of the Safina party leader.
Mr. Kala and Mr. Otieno further alleged that more than 200 police officers raided Mr. Wanjigi’s home on August 8, ransacking his residence for over 12 hours and seizing valuable items worth millions of shillings.
The court also heard that Mr. Wanjigi’s elderly mother had her cash taken during the raid, and his wife and children were terrorized by armed officers.
“Mr. Wanjigi’s wife pleaded with the police not to shoot or harm her,” Mr. Otieno shared with the magistrate.
Mr. Wanjigi’s legal troubles date back to 2017, when police withdrew his gun licenses. However, Justice Antony Mrima had ordered the reinstatement of the licenses, a directive that was defied by the former Directorate of Criminal Investigations (DCI) Director George Kinoti, who was cited for contempt.
Chief Magistrate Susan Shitubi released Mr. Wanjigi, who had spent a night in custody at Kamukunji Police Station, on a Sh10 million personal bond. The hearing of the matter has been scheduled for September 12, 2024.
- Political Tensions: Jimi Wanjigi, a businessman and politician, has been involved in high-profile political activities and disputes, particularly during Kenya’s 2017 elections. His association with opposition figures, including Raila Odinga, placed him at odds with certain factions of the government. Some observers suggest that Kinoti’s actions were politically motivated, as Wanjigi’s prominence and influence made him a target for state authorities.
- Security Concerns: As the head of the DCI, Kinoti might have cited security reasons for withholding Wanjigi’s firearms licenses. Given the sensitive political atmosphere and allegations surrounding Wanjigi, Kinoti could have believed that reinstating the gun licenses would pose a public safety risk. However, this reasoning was never formally documented in defiance of court orders.
- Legal Disregard: Kinoti’s refusal to comply with the court orders might also reflect a broader issue of disregard for judicial rulings within certain parts of Kenya’s security apparatus at the time. Despite the judiciary issuing clear directives to reinstate Wanjigi’s gun licenses, Kinoti maintained his stance, perhaps indicating a power struggle between law enforcement and the courts.
- Contempt of Court: Kinoti’s actions ultimately led to his being cited for contempt of court, underscoring the tension between the DCI and the judiciary. His defiance was viewed as a breach of the rule of law, as court orders are meant to be respected and implemented by all public officials.
In summary, Kinoti’s defiance seemed to be driven by a combination of political dynamics, security concerns, and institutional disregard for judicial authority.