The High Court has declined to set aside the four-month prison sentence that was handed to the Directorate of Criminal Investigations Director George Kinoti.

This comes even after Attorney General Kariuki Kihara filed an application at the court to suspend Kinoti’s sentence.

Kinoti had also asked the court, through his lawyer Celil Miller, to set aside the sentences based on the fact that he was wrongfully adjoined in the case since he was not in the custody of Wanjigi’s firearms.

Justice Antony Mrima of the High Court Kinoti said the orders he made on November 18 were still in force because the DCI boss failed to provide evidence showing how the firearms were transmitted to the Firearms Licensing Board.

"No evidence was tendered to show Kinoti transmitted the firearms to the board. Lack of that shows the firearms are still in his custody. This application is dismissed and orders I made November 18 continue to be in force," Mrima said.

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Businessman and ODM presidential hopeful Jimmy Wanjigi moved to court and filed a contempt of court case against Kinoti for failing to comply with a court order that required him to return firearms that were confiscated from Wanjigi in 2017.

Kinoti said the Firearms Licensing Board is in the custody of the firearms in question, not him, and if the court had knowledge of the extra detail, then it would not have reached the decision of sentencing him.

Wanjigi told the court that he could not retrieve his firearms from the board even after his lawyers received instructions directing him to collect his firearms from the Firearms Licensing Board from Kinoti’s lawyers.

He added that when he got to the board’s office in Nairobi’s Industrial Area; he was told that he could only get the firearms back after Kinoti released them to him.

Mrima ruled that should Kinoti fail to surrender himself at the Kamiti Maximum Prison within a week, a warrant of his arrest would be issued by the Inspector General of Police Hilary Mutyambai.

Apparently, Kinoti has not surrendered himself to the officer in charge of Kamiti Maximum Prison as directed.