A three-judge panel comprising judges Fatuma Sichale, Msagha Mbogoli, and Imaana Laibuta set aside orders as they awaited the hearing and adjudication of Kinoti's appeal against his conviction for failing to hand over firearms confiscated by businessman Jimi Wanjigi.
"Certainly, if the applicant is arrested and continues with the sentence, he will have lost his right to liberty and in the event of an appeal, the prison sentence will not be reversed and a small portion of the appeal will be lost."
In an appeal to the appellate court, Kinoti testified that the High Court had ignored his explanation that the guns confiscated from Wanjigi were not in his cell but belonged to the Firearms Licensing Board.
"The firearms in question were under the control of the Firearms Licensing Board, which they believe was sufficient information under the circumstances to be considered by the Court, and that the learned judge completely ignored the above restrictions and sentenced him to 4 months in prison," we read.
Kinoti argues that the Firearms Licensing Board is a private enterprise with no administrative power and therefore cannot force the body to release firearms.
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