Directorate of Criminal Investigations (DCI) boss George Kinoti remains a convicted felon after the High Court declined to overturn his 4-month prison sentence for contempt of court.
Kinoti was sentenced for disobeying court orders that required him to surrender seven firearms and ammunition belonging to businessman Jimi Wanjigi.
Through Lawyer Cecil Miller, DCI Kinoti challenged the sentence arguing that he was not in possession of the guns.
Miller said had the court been aware that the guns were in the custody of the Firearms Licensing Board it would not have convicted Kinoti.
In his ruling, Justice Anthony Mrima said Kinoti did not prove that the firearms were moved to the autonomous state body.
Mrima ruled that the trial court’s judgment dealt with the issue concerning custody of the firearms and it had been found they were in the custody of the DCI.
“The applicant has not tendered evidence to show the firearms were moved from the DCI to the Board. The trial court’s judgment has not been set aside, appealed or reviewed. The issue (of who has the firearms) is res judicata (the issues raised were determined in another case by the court),” said Justice Mrima.
“No evidence was tendered to show Kinoti transmitted the firearms to the board. Lack of that shows the firearms are still in his custody. This application is dismissed and orders I made November 18 continue to be in force,” ruled the Judge.