In Summary
Businessman Jimi Wanjigi on Thursday failed to
appear in a Nyeri court to answer to criminal charges of being in
possession of prohibited firearms.
Lawyer
Kiogora Mugambi, who appeared before Chief Magistrate Wendy Kagendo on
his behalf, said the businessman failed to honour the court summons
because they appeared ‘fake’.
SECURITY
Dozens
of uniformed police officers had been deployed at the court to maintain
order following speculation that the businessman might be accompanied
by his supporters.
One of the officers said the heavy security in and outside the court was to prevent fracas.
The officers were taken to the law courts at 8am in two police pick-ups and one Land Rover.
SUMMONS
On
Thursday, lawyer Mugambi said the summons served to Mr Wanjigi on
Wednesday evening were questionable, noting that the document did not
have a seal or stamp of the court.
“The
procedures of serving were not proper. The summons were fixed on the
car of my client. They lacked a seal or stamp but only had a file
number.
“We want to first ascertain
the genuineness of the summons and the nature of the charges so that we
can prepare ourselves,” said lawyer Mugambi who spoke on behalf of
Senior Counsel James Orengo.
He said Mr Orengo could not make it in court.
DOUBT
The
lawyer explained that the people who dramatically served the
businessman with the orders were armed and were not in police uniform,
making him have doubts on the matter.
“The
summons and the procedure were not clear and that is why my client did
not appear. I’m here to confirm the authenticity and the charges,” Mr
Kiogora told the court.
He further
asked the court to direct the prosecution to supply him with a copy of
the charge sheet as he urged the court to defer the plea for 14 days.
FIREARMS
In
response, State Counsel Wesley Nyamache dismissed the reasons advanced
by the lawyer, saying the businessman was aware that he was needed in
court.
He said Mr Wanjigi was
summoned following an application by an officer attached to the
Directorate of Criminal Investigations (DCI), Maxwell Otieno.
The prosecutor said the officer has been investigating the businessman in relation to dealings with illegal firearms.
“This
was informed by the fact that the suspect had moved to the High Court
and obtained anticipatory bail of Sh50,000 which barred his arrest,
trespassing on his private property and residence without court order.
“The Investigating officer made application requiring his attendance in court on February 27, 2018,” Mr Nyamache told the court.
He asked the court to issue a warrant of arrest against the businessman for disobeying the directive to appear in court.
CHARGES
While
delivering the ruling, the magistrate deferred the taking of the plea
to March 5, 2018, saying the 14 days sought by the suspect’s lawyer was
unjustifiably long.
Ms Kagendo also said there was no need to issue the summons afresh, after finding that those served earlier were genuine.
According
to the charge sheet, Mr Wanjigi will face 11 counts of having illegal
firearms and ammunitions without lawful justification and without
holding a firearm certificate.
The
charge sheet indicated that he had five types of firearms – a Ceska,
Glock 19, shot gun, CQ, semi-automatic self-loading military assault
rifle make CQ and another rifle make mini Archer – on October 17, 2017
and on February 6, 2018.
He is said to have committed the offence at Muthaiga Estate, Nairobi, and at Luedecke & Co Ltd at Uganda House in Nairobi.
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