Jimi Wanjigi handed temporary freedom as court halts firearms prosecution

Safina party leader Jimi Wanjigi was handed a legal victory on Tuesday, August 20, 2024, after the High Court temporarily suspended his prosecution over alleged illegal possession of firearms.

High Court Judge Bahati Mwamuye issued the orders, halting all criminal proceedings related to police confiscation of firearms from Wanjigi.

The court's decision also prohibited the Arms Licensing Board from revoking any firearms certificates Wanjigi had received from the board. This ruling came on the heels of Milimani Chief Magistrate Susan Shitubi's earlier release of the politician on a Sh10 million personal bond after spending 16 hours in police custody.

Wanjigi’s legal team maintained that his rights were being violated, with Dr. Owiso Owiso, another member of the defence, arguing before Justice Mwamuye that the state was abusing the court.

"The illegal prosecution is violating Wanjigi's constitutional and fundamental rights," Owiso stated, emphasising that an earlier court order from August 9, 2024, specifically prohibited Wanjigi's arrest and prosecution over the firearms charges.

Wanjigi's legal troubles have been long-standing. In 2017, the revocation of his firearms certificates sparked a legal battle, leading Justice Antony Mrima to order the Directorate of Criminal Investigations (DCI) to reinstate them. However, former DCI director George Kinoti disobeyed this order, leading to a contempt of court citation.

The recent escalation in Wanjigi's case occurred on August 8, 2024, when more than 200 police officers raided his home. According to Wanjigi's lawyers, the officers conducted a raid that lasted from 5 pm to 5 am, seizing valuables worth millions of shillings. They also alleged that the officers terrorised Wanjigi’s family during the raid.

"Police officers took cash from Wanjigi's elderly mother, and his wife and children were in fear for their lives, begging not to be harmed," said lawyer Willis Otieno who narrated to the court how Wanjigi's wife pleaded with the police not to shoot them.

The defence team argued that the prosecution’s charges were baseless, particularly in light of the previous High Court ruling.

"There are orders of Justice Bahati Mwamuye restraining Jimi Wanjigi’s prosecution," Musyoka reiterated.

Lawyer Paul Muite also criticised the police for ignoring the High Court's orders, emphasising that the case lacked any legal foundation. "The police breached High Court orders by arresting and prosecuting the Safina party leader," Muite stated.

Jackson Kala, another defence lawyer, expressed outrage at the raid's conduct, describing it as unlawful and a blatant misuse of power. "They ransacked the house and stole valuables. This is a clear abuse of authority," Kala remarked.

Judge Mwamuye, in his ruling, restrained the prosecution from proceeding with the case against Wanjigi, including any related to the firearms registered under Certificate Number 9522. If any trial had already commenced, the judge ordered its suspension. The court set the case's hearing date for September 19, 2024.

Wanjigi and his aide, David Kibe Wakonyo, face 11 charges of illegal possession of firearms, smoke grenades, explosive canisters, and resisting police attempts to collect fingerprints. However, Wanjigi's lawyers assert that their client’s constitutional rights are being infringed upon.

Chief Magistrate Susan Shitubi, after reviewing the case, granted Wanjigi release on bond and set a new court date for September 12, 2024.