Court Bars Prosecution Of Jimi Wanjigi Over Firearms Case
The case, based on allegations of illegal firearm possession, was dismissed after the court found that due process had not been followed.
Viral Tea Ke Writer 
The High Court has halted the prosecution of businessman Jimi Wanjigi in a firearms case, citing constitutional breaches. This development marks a significant legal win for the vocal former presidential aspirant who has been entangled in disputes with the state over firearm-related accusations.
The case, based on allegations of illegal firearm possession, was dismissed after the court found that due process had not been followed. Additionally, the court declared the revocation of his firearm certificate null and void.
In a ruling issued by Justice Bahati Mwamuye on Thursday, the Office of the Directorate of Public Prosecutions (ODPP) and the National Police Service were also prohibited from arresting the businessman in connection with firearm ownership cases.
Furthermore, the court prohibited authorities from filing additional charges against the businessman's employees, some of whom were arrested alongside him. Wanjigi's staff members, Dancan Odhiambo and Kelvin Ochieng', were apprehended outside his Nairobi residence over allegations of illegally possessing explosives.
The Milimani Law Courts in Nairobi. /FILE
In his ruling, Mwamuye declared that the detention and charges against the two were unlawful and constituted an abuse of legal procedures.
The ruling came after the businessman’s dramatic arrest in August last year over allegations of illegal firearm possession and involvement in unlawful protests. Following his arrest, Wanjigi issued a statement condemning it as unlawful and accused law enforcement agencies of violating court orders while carrying out his detention.
"The DCI have illegally arrested me despite numerous court orders barring the same arrest," the businessman shared then. Police had indicated that they had arrested him over claims of illegal possession of firearms, further noting that his arrest followed confirmation from the Firearms Licensing Board that the six rifles found in his house were not licensed.
“The chairman licensing board advised us to take legal action against him over the illegal possession of the firearms and that is why he is being detained,” a senior officer stated, however clarifying that “It’s a new matter and not the Nane Nane or the tear gas canister issue."
The outspoken politician drew nationwide attention after police raided his home in Muthaiga on August 8, with authorities accusing him of funding the recent Nane Nane protests, amidst calls by Acting Inspector General of Police Gilbert Masengeli to him to surrender himself to any police station.
The acting police boss revealed that the police wanted Wanjigi to record a statement after several items linked to criminals believed to have infiltrated the Nane Nane protests were recovered from his car.
He noted that the raid witnessed at Wanjigi’s home came after police during an operation intercepted a vehicle linked to the businessman, outside his home in Muthaiga.
"In the vehicle, we recovered four teargas canisters, two Motorola gadgets, seven assorted chargers for the pocket phones and one mobile phone. There is one arrest that has happened," he noted.
Wanjigi, in disagreement, claimed that police teargassed him and pursued him to his home on 44 Muthaiga Road, and thereafter attempted to enter his residence to arrest him forcefully.
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