The Appellate Court has suspended the arrest warrant that was issued on Tuesday against Directorate of Criminal Investigations boss George Kinoti.
This comes after Kinoti moved to the Court of Appeal to appeal against his four-month jail term handed by the High Court for contempt of court.
Suspending his arrest warrant, a three-judge bench comprising Justice Imaana Laibuta, Justice Mbogholi Msaga and Justice Fatuma Sichale said they will rule on Kinoti’s appeal in April 2022
Meanwhile, they granted temporary orders, stopping his arrest and execution of his jail term.
Kinoti argued in his application through his lawyer Danstan Omari that he was not given a chance to defend himself and said that he was being harassed continuously.
Read More
The DCI boss also said due process was not followed therefore he could not present himself at Kamiti Maximum Prison since he is not a fugitive and no committal warrant was issued for his admission in jail.
“Kinoti cannot commit himself to prison as there is no committal warrant directing the commissioner of prison to admit him to serve the four-month prison sentence as directed by justice Antony Mrima,” the application read in part.
Kinoti’s lawyer, Omari, also argued that no action should be taken against his client as the judgement against him is open to appeal.
The High Court issued a warrant of arrest for the DCI boss on Tuesday after he failed to honour the court’s directive.
Kinoti has been embroiled in a row with businessman and presidential hopeful Jimmy Wanjigi over the latter’s firearms.
The DCI confiscated Wanjigi’s firearms in 2017 and a court had ordered Kinoti to return the firearm.
However, Wanjingi is yet to receive his firearms to date and Kinoti says he is not in possession of them as the Firearms Licensing Board took them.
Wanjigi moved to court seeking Kinoti’s arrest for contempt of court and failure to return his firearms.