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Confusion in court over Wanjigi gun cases

by kenya-tribune

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A Nyeri court was on Thursday treated to confusion on whether the State has withdrawn gun-related criminal charges levelled against former Cabinet minister Maina Wanjigi and his businessman son Jimi Richard Wanjigi.

When the matter came up for mention before chief magistrate Wendy Kagendo, Mr Wanjigi’s lawyer Kiogora Mugambi said the Director of Public Prosecutions (DPP) intends to drop the charges.

However, State Counsel Emma Gicheha said she had not received any instructions or communication from the DPP on the withdrawal.

Mr Mugambi said when judicial review applications filed by his clients came up for mention on July 24, 2018, at the High Court in Nairobi’s Milimani, the prosecution informed the court that the State was no longer interested in pursuing the matter.

“I came with the expectation that all charges relating to criminal proceedings against the businessman, his father, his lawyer and body guard had been dropped,” Mr Mugambi stated.

But Ms Gicheha immediately pointed out that the same had not been communicated to her, requesting for more time to consult with her bosses and the investigating officers handling the cases.

The judicial review applications filed in March, 2018, are still pending in the High Court before justice Pauline Nyamweya.

Following the disagreement, Magistrate Kagendo directed that the cases be mentioned on October 4, 2018, to confirm whether the charges will be withdrawn or not.

The court will also be informed on the position of the applications which are pending at the High Court.

Lawyer Mugambi said he will ask the DPP to do a letter to the State Counsel in Nyeri to avoid the contradictions.

The businessman is charged alongside his father, his lawyer Memba Muriuki and his bodyguard Boniface Nginyo.

Mr Wanjigi is facing 11 counts of having illegal firearms and ammunitions without lawful justification and without holding a firearm certificate.

He is said to have committed the offence at Muthaiga Estate, Nairobi, on October 17, 2017 and on February 6, 2018.

His father is charged with failing to keep safe his pistol, an offence he is said to have committed on October 17, 2017, while being a licensed firearm holder.

The businessman’s security guard, Mr Nginyo Mwaura, is charged with failing to keep secure his fire arm on October 17, 2017.

Separately, lawyer Muriuki is charged with selling prohibited firearms to the businessman on August 12, 2014 and on October 17, 2013, at Armament Limited in Umeme Plaza along Naivasha Road, Nairobi.

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