The Directorate of Criminal Investigations (DCI) boss George Kinoti can rest easy after the Court Of Appeal suspended a four-month jail sentence handed to him by the High Court.
Kinoti moved to the appellate court after a warrant of arrest was issued against him Tuesday for contempt of court, a month after the court sentenced him for failing to return firearms belonging to businessman Jimi Wanjigi.
A three-judge bench has however granted temporary orders stopping the execution of the said judgment pending a ruling on the matter on April 1, 2022.
In his application through lawyer Danstan Omari, Kinoti who cited continued harassment claimed he was never given a chance to defend himself.
Kinoti asserted that he is not a fugitive and that he will not present himself at Kamiti prison stating that due procedure was not followed since a committal warrant has not been issued to that effect.
“Kinoti cannot commit himself to prison as there is no committal warrant directing the commissioner of prison to admit him to serve the four-month prison sentence as directed by justice Antony Mrima”, read part of the application.
Omari further argues that the judgment of the court against the DCI boss is appealable and no action should be taken against him.
The high court had also ordered Inspector General of Police Hillary Mutyambai to arrest him and present him in court to face charges.
“Whereas Mr George Maingi Kinoti has this day been charged before this court for contempt of court order pursuant to an order issued by Hon. Justice Mwita on the 21st June 2019,” the statement read.
“Therefore you are hereby commanded to apprehend the said Mr. George Maingi Kinoti and to bring him before this court to answer to the said charge and to be further dealt with according to law,” the court directed.