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Former Cabinet minister James Maina and his son Jimi Wanjigi will not answer to gun-related charges leveled against them by the State, a Nyeri court ordered Thursday after a ruling by the High Court in Nairobi.
Chief Magistrate Wendy Kagendo said the case files should be marked as closed since Justice Pauline Nyamweya had quashed the charge sheets.
Justice Nyamweya, the magistrate noted, also quashed summons issued by police against the two together with a security guard named Boniface Nginyo and a Nairobi-based lawyer Memba Muriuki in February 2018.
The revoked summons required the four to appear before the Nyeri chief magistrate court to answer charges involving ownership of firearms.
But Mr Wanjigi’s lawyer Mr Mugambi Kiogora noted that the High Court orders were in exclusion of Mr Muriuki’s file, since a Judicial Review application challenging his prosecution is still pending and will be determined in June, this year.
While allowing Justice Nyamweya’s order and directing closure of the files, Ms Kagendo noted that the Office of Director of Public Prosecution (ODPP) was yet to appeal against the ruling.
“The High Court substantively quashed the charge sheet and the summons. The files will be closed unless the ODPP appeals the ruling,” said Ms Kagendo when the cases were called for a mention.
Mr Wanjigi’s lawyer had told the magistrate that ODPP had also not obtained a stay order against the High Court ruling and therefore there was no reason to allow the proceedings remain active.
State Counsel Victoriline Kitoto had opposed the move, saying the ODPP Nairobi was yet to give her instructions on the next move.
“I have seen the High Court order but I have no instructions on whether ODPP Nairobi has received the same or not,” said Ms Kitoto.
Mr Wanjigi had sued the Inspector General of Police, Director of Public Prosecutions and the Nyeri Chief Magistrate contending that the prosecution was an infringement of his constitutional rights.
He said police had unlawfully raided his house and destructed property. Later he said 30 armed police officers pursued him, seized his vehicle and after a two-hour stand off and intervention by members of the public, the officers put the court summons on windshield of his vehicle.
He averred that he lives in Muthaiga Nairobi and has not been in Nyeri for over a year and had not committed offence there. He said the police inspector general had not summoned him or investigated him.
He wass wanted by the DPP to answer to 11 counts of having illegal firearms and ammunitions without lawful justification and without holding a firearm certificate.
Mr Wanjigi was 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, was 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.
Mr Wanjigi’s security guard, Nginyo Mwaura was accused of failing to keep secure his fire arm named Glock 19 Pistol on October 17, 2017.
In her decision, Justice Nyamweya found that the DPP and IG’s actions were abetting an illegality and was also unfair.
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