An attempt by DCI Boss George Kinoti seeking orders to stop the Inspector General of Police Hillary Mutyambai from arresting him has flopped.
Kinoti filed an application before the Milimani High Court Judicial Review Division seeking orders to shield him from arrest.
This is after Judge Anthony Mrima on Thursday sentenced him to four months in jail for failing to obey a court order requiring him to return firearms belonging to businessman Jimi Wanjigi.
Mrima said Kinoti shall within 7 days surrender himself to the officer in charge of Kamiti Maximum Prison to serve the sentence.
“In the event Kinoti fails to avail himself as ordered, a warrant of arrest will be issued against him. The warrant shall be executed by the Inspector General of Police,” said the Judge.
If the IG Hillary Mutyembei fails to execute the warrant, the same shall remain valid and be executed at any time including when Kinoti leaves the office of the Director of Criminal Investigations (DCI).
It is those orders that Kinoti has challenged. But Justice Anthony Kimani has declined to grant Kinoti his wishes.
“I have considered the application. Whereas the matter is urgent given the imminent incarceration of the applicant and noting that the impugned orders are by a judge of the high court and cognizant of the courts jurisdiction in judicial review and the limitations, it is my considered view that this is not an appropriate case for grant of the sought orders ex-parte,” said the Judge.
Kinoti in his application before the High court, argued that the orders by Mrima threaten his duties to the society.
He wanted the respondents (Jimi Wanjigi and Irene Nzisa) and the interested parties (the Inspector General of Police, the Director of Public Prosecutions, the Attorney General) restrained from arresting, interrogating and prosecuting him premised on the orders issued by Justice Mrima.
Kinoti now says he is ready and is appealing to the court to suspend and quash the court order by Mrima or the same be converted to a fine as he is willing to pay Sh200,000 or its equivalent as the court may permit.
He argues Mrima erred in both law and fact in issuing a custodial sentence without an option of fine despite the crucial office he holds to serve the people of Kenya.
“I have been complying by the directions of court while sending representatives as I have been attending national security meetings, conferences and gatherings,” says the DCI.
He says unless the orders sought are granted, he will not be able to perform his duties, obligations and responsibilities as per the constitution.
He further claims Jimi Wanjigi and Irene Nzisa concealed from him part of the existence of the suit, therefore setting him up to be condemned unheard.