Reprieve for DCI boss George Kinoti as Court of Appeal suspends Kamiti prison sentence
Directorate of Criminal Investigations (DCI) boss George Kinoti will not serve the four-month jail sentence handed to him by the High Court.
This is after a three-judge bench granted temporary orders stopping the execution of the said judgement pending a ruling on the matter on April 1, 2022.
The DCI moved to the Court of Appeal urging the court to grant the conservatory orders pending appeal saying that if the orders will not be granted then his appeal will be rendered nugatory.
"The position we have arrived at is that we will deliver our ruling on 1st of April 2022 and in the meantime we grant an interim order of stay pending the delivery of the ruling," the Appellate Court ruled.
Kinoti had been handed the sentence after he was found guilty of contempt of court for failing to hand back firearms seized by police from businessman Jimi Wanjigi.
The High Court had ruled that Kinoti be jailed at Kamiti Maximum Prison.
Through lawyer Cecil Miller, Kinoti told the Court of Appeal judges that the High Court judge who delivered the sentence failed to consider new evidence that was tabled before him.
"The orders that we are seeking are valid orders. The consequence is to send Kinoti to jail... We are urging the court to exercise its powers and issue orders restraining any officer from executing the orders... We are seeking orders to grant conservatory orders even pending the ruling my lords," Miller argued.
However, lawyer Willis Otieno objected arguing that Kinoti should be serving his jail term adding that he is disobeying court orders.
"He has not reported to Kamiti, in fact, he is continuing to disobey court orders. Why should he waste courts time by saying that he runs a risk of serving the four months? There is no risk at all, in fact, he's in office..," the court heard.
Lawyer Otieno submitted that the DCI should serve the term so that public confidence is seen in the office that he holds.
The matter was before a three-judge bench comprising of justices Fatuma Sichale, Msagha Mbogholi and K.Laibuta.