The Director of Public Prosecutions (DPP) has not withdrawn gun-related criminal charges levelled against former Cabinet Minister Maina Wanjigi and his businessman son Jimi Richard Wanjigi.
Prosecutor Wesley Nyamache told Nyeri Chief Magistrate Wendy Kagendo that he had not received instructions to drop the charges and was not privy to the information.
He said the proceedings will continue until further directions are issued.
Mr Nyamache was addressing the court after Mr Wanjigi’s lawyer, Kiogora Mugambi, said officers at the Directorate of Criminal Investigations had hinted at him that the State was intending to drop the cases.
“I came expecting that all charges against Jimi Wanjigi and associates would be withdrawn. However, the case will not be dropped,” Mr Mugambi told the court.
He said that sources at the DPP and DCI offices had informed him that the criminal proceedings in Nyeri would be dropped on March 15, 2018.
The lawyer was referring to four separate cases facing the 86-year-old former minister, his businessman son, lawyer Memba Muriuki and the newly-filed case against Boniface Nginyo Mwaura, who is a security guard of Jimi.
READY FOR CASE
“I found that the State has recalled the decision and are keen to pursue the case but we are ready to face them,” said the lawyer.
He had appeared in court for mention of the case facing the senior Wanjigi and his son and also to represent the security guard who had been summoned to take plea for a gun-related charge.
However, Mr Mwaura, who is faced with charges of failing to keep his firearm safely contrary to the Fire Arms Act, did not appear in court.
Lawyer Mugambi explained to the court that the guard had not disobeyed the summons, but his absence was occasioned by a signal by the State in regard to withdrawal of all criminal proceedings related to the Wanjigi family.
The charge sheet indicated that the security guard failed to securely keep his Glock 19 pistol on October 17, 2017.
It is said that Mr Mwaura “failed to put the gun in a safe condition and without reasonable precaution to ensure that it is not lost or stolen and was not at any time available to any person not lawfully entitled to possess it”.
The plea was deferred to March 20.
Further, Mr Mugambi told the court that the businessman had filed an affidavit indicating that his prosecution was an abuse of administrative power and judicial process.
He added that the Inspector General of Police and the DPP’s office have no powers and jurisdiction to pursue the charges.