Businessman Jimi Wanjigi’s father, James Maina Wanjigi, on Monday failed to appear before the Nyeri Magistrate’s court to answer charges relating to the possession of an illegal firearm, linked to his son.
According to his lawyer Kiogora Mugambi, Maina Wanjigi recently underwent surgery and is at home recuperating and could not make the journey to Nyeri. Mr. Maina was summoned to appear and answer to charges of failing to keep safe custody of a firearm a day after his son Jimi was charged with 11 counts of being in possession of illegal firearms.
Mr Wanjigi Maina is said to be in possession of a weapon, among others seized by police in son’s house in Muthaiga last year in a police siege.
The summons for him to appear in court came even as the High Court in Nairobi stopped the criminal case against Jimi Wanjigi in Nyeri.
Justice George Odunga also stopped police from arresting him until his challenge is heard.
Odunga issued the order following an urgent application by Wanjigi through lawyer James Orengo.
He allowed Wanjigi to challenge the process in which the case in Nyeri was filed and observed that his constitutional rights had been violated.
According to the charge sheet in the Nyeri Law court, Wanjigi is facing 11 charges among them being possession of illegal firearms.
Court order quashed
Police turned to Jimi Wanjigi’s father, a former Minister, after the High Court in Nairobi quashed an earlier Nyeri Magistrate’s Court Order which required him to appear in person ion court for sentencing, after he was charged in absentia.
Mr Wanjigi was last week charged with illegal importation of prohibited guns and other 11 charges.
Judge George Odunga temporarily suspended the summon which required Mr Wanjigi to appear before it in person on Monday, March 5.
"A stay of the criminal proceedings in the Nyeri court or any other concerning the subject matter is hereby granted," said Justice Odunga.
Through lawyers James Orengo, John Khaminwa and Nelson Havi, Mr Wanjigi sued the Inspector-General of Police, the Director of Public Prosecutions and the Attorney-General.
Mr Wanjigi was early Thursday charged in a case in which State is pursuing him for illegal ownership of forearms.
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Illegal firearms
It emerged that Mr Wanjigi was summoned following an application by an officer attached to the Directorate of Criminal Investigations (DCI), Maxwell Otieno, who had been investigating Mr Wanjigi 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.
There was heavy contingent of police at Nyeri Law Courts on Thursday morning, before the accused failed to appear in court, but would later be charged in absentia.
His lawyer, Mr 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’.