Court extends orders suspending Jimi Wanjigi case

Businessman Jimi Wanjigi. PHOTO | FILE | NATION MEDIA GROUP

A Nyeri court has extended orders suspending criminal proceedings levelled by the State against businessman Jimi Richard Wanjigi and his four associates.

Chief Magistrate Wendy Kagendo adjourned the case to September 13, 2018 due to High Court’s delay to conclude four Judicial Review applications filed by the suspects.

Mr Wanjigi, together with his father James Maina, his bodyguard Boniface Nginyo and lawyer Memba Muriuki are facing possible prosecution on criminal charges related to use of firearms.

Their lawyer Kiogora Mugambi, on Thursday told Ms Kagendo that the constitutional petitions are yet to be determined by the High Court in Nairobi.

“The judicial review applications are still pending in court. The stay orders to stop these proceedings are still in place,” the court heard.

The lawyer said the hearing of the applications is scheduled to be on July 17, 2018 before Justices Pauline Nyamweya and John Mativo at the High Court in Milimani, Nairobi.

The gun-related cases, which started on March 1, 2018, have never kicked off after the High Court judges stopped the prosecution until the applications are heard and determined.

The orders, directed to the Inspector General of Police, Director of Public Prosecution and the Nyeri Chief Magistrate, stopped commencement of the criminal cases or taking plea on the charge until further directives are issued by the High Court.

Police are also barred by the court orders from arresting the suspects in connection to the charges. They have an anticipatory bail of Sh50,000.

In the application, Mr Wanjigi indicated that the prosecution was abuse of administrative power and judicial process.

He is wanted by Director of Public Prosecution to answer to 11 counts of having illegal firearms and ammunitions without lawful justification and without holding a firearm certificate.

Mr Wanjigi is accused of having five types of firearms named as Ceska, Glock 19, shot gun, CQ, semi-automatic self-loading military assault rifle make CQ and another rifle make mini Archer on October 17, 2017 and on February 6, 2018.

He allegedly committed the offence at Muthaiga Estate house number 44 in Nairobi and at Luedecke & Co Ltd situated at Uganda House in Nairobi.

His father, former Cabinet Minister James Maina, is accused of failing to keep safe his weapon named Glock 19 Pistol, contrary to Section 18 (3) as read with Section 18 (4) of the Firearms Act Cap 114 laws of Kenya.

He committed the offence on October 17, 2017 while being a licensed firearm holder.

High Court Advocate Memba Muriuki is also wanted by the Director of Public Prosecution to answer to charges of selling three prohibited firearms and 100 rounds of ammunition to Mr Wanjigi.

The lawyer allegedly sold a prohibited semi-automatic self-loading military assault rifle make mini-Acher and two other assault rifles make CQ on August 12, 2014 and on October 17, 2013.

He committed the offences at Armament Limited at Umeme Plaza Nairobi along Naivasha Road, according to the charge sheet.

Mr Wanjigi's security guard, Bonifance Nginyo Mwaura is charged with failing to keep secure his fire arm named Glock 19 Pistol on October 17, 2017.

It is said that he ‘failed to put the gun in a safe condition and without reasonable precaution to ensure that it is not lost or stolen and was not at any time available to any person not lawfully entitled to possess it’.