Court quashes revocation of Jimi Wanjigi’s firearm licence, says DPP violated his rights
The case stemmed from Wanjigi’s arrest in August last year after the State accused him of illegally possessing an assortment of firearms.
The High Court has halted the prosecution of businessman Jimi Wanjigi in a firearms case, ruling that the revocation of his gun licence was unlawful and violated his constitutional rights.
In a judgment delivered by Justice Bahati Mwamuye on Thursday, the court declared the decision by the Firearms Licensing Board to revoke Wanjigi’s firearm certificate null and void.
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The judge also prohibited the police and the Director of Public Prosecutions (DPP) from arresting or charging Wanjigi over the matter.
“A declaration is issued that the decision of the Firearms Licensing Board to revoke the certificate without due regard to the law is null and void. The decision of the Board is quashed,” Justice Mwamuye ruled.
The case stemmed from Wanjigi’s arrest in August last year after the State accused him of illegally possessing an assortment of firearms. The revocation of his licence followed shortly after, rendering his firearm ownership unlawful. Wanjigi challenged the decision, arguing that it was politically motivated and aimed at suppressing his rights.
His troubles began after he visited the Directorate of Criminal Investigations (DCI) on August 19, 2024, to lodge a complaint over an alleged illegal police raid on his Muthaiga home. It was during this visit that he was informed verbally that his firearm licence had been revoked.
The businessman subsequently moved to court, suing the Board, the DPP, and the DCI, claiming the revocation was an abuse of power.
Justice Mwamuye also terminated criminal proceedings against two of Wanjigi’s employees, Duncan Odhiambo Otieno and Calvin Ochieng Odongo, ruling that their prosecution was unlawful. The two had been arrested by police on August 8, 2024, in what the court found to be an illegal operation.
“The prosecution of Duncan Odhiambo and Calvin Ochieng was tainted with illegality and constitutes an abuse of process,” the judge said.
The court further barred the police and the Firearms Licensing Board from confiscating, retaining, or interfering with any firearms or accessories legally registered under Wanjigi’s name.
However, Wanjigi’s attempt to have Deputy Inspector-General of Police Gilbert Masengeli and DCI Director Mohamed Amin cited for contempt of court was dismissed.
He had accused the two of defying court orders barring his arrest and prosecution, but the judge ruled that there was no sufficient evidence to prove they had been properly served with the court orders.
Justice Mwamuye concluded that the contempt application failed to meet the legal threshold.
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