The court of appeal has suspended the orders that were sentencing the Directorate of Criminal Investigations boss George Kinoti to four Months in Kamiti maximum prison for disobeying court orders.
According to latest updates by the Citizen Digital, a three-judge bench comprising of Justice Fatuma Sichale, Msagha Mbogolo and Imaana Laibuta set the orders aside pending the hearing and determination of an appeal filed by Kinoti challenging his sentencing for failing to surrender guns confiscated from businessman and presidential hopeful Jimmy Wanjigi.
The court of appeal says that if the applicant is subsequently arrested and taken to jail for the sentence, he will have lost his right to liberty and in the event of the appeal succeeding, the prison sentence cannot be reversed and the appeal application will have lost its intended purpose.
In the petition before the Appellate court, DCI Kinoti submits that the High Court ignored his explanation that the firearms confiscated from Mr Wanjigi were not in his custody but that of the Firearms Licencing Board.
The petition read that the firearms in question were in custody of the Firearm Licensing Board , which he believes was sufficient explanation in the circumstances for the consideration by the Court, and that the learned judge totally disregarded the above claims and proceeded to sentence him to four months in prison.Mr Kinoti has argued that the Firearms Licencing Board is an independent body that has its own regulations and he has no jurisdiction and therefore cannot compel the body to release the firearms.
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