A Nyeri court has once again extended an order suspending criminal proceedings by the State against businessman Jimi Wanjigi his father James Maina and two others.
Senior Resident Magistrate Nelly Kariuki on Thursday adjourned the case to March 7, 2019 since the High Court is yet to conclude four judicial review applications filed by the suspects.
When the cases came up for mention on Thursday, Mr Wanjigi’s lawyer Kiogora Mugambi told the magistrate that a ruling on the applications will be issued on March 5 next year at the High Court in Milimani.
Mr Wanjigi, his father, his bodyguard Boniface Nginyo Mwaura and Nairobi-based lawyer Memba Muriuki are facing prosecution over the use and sale of 10 firearms and 100 bullets.
The DPP wants Mr Wanjigi to answer 11 counts of having illegal firearms and ammunition without lawful justification and without having a firearms certificate.
“The applications are pending in the High Court. The stay orders to stop these proceedings are still in place,” Mr Mugambi told the court.
The lawyer added that he was shocked that Director of Public Prosecution (DPP) Noordin Haji had not withdrawn the case.
“I had information from the office of the DPP and case investigators that the charges against my clients would be dropped because they were linked to 2017 politics. But the DPP is yet to give directions to the State counsel in Nyeri."
The cases, which started on March 1, 2018, are yet to kick off as High Court judges Pauline Nyamweya and George Ondunga stopped them until the applications are determined.
The order, directed to the inspector general of police, the DPP and Nyeri Chief Magistrate Wendy Kagendo, stopped commencement of the criminal cases and plea-taking pending the issuing of further directions by the court.
Police were also barred from arresting the suspects in connection to the charges.
The four suspects secured anticipatory bails of Sh50,000 each.
In the applications, Mr Wanjigi indicated that the prosecution abused administrative powers and the judicial process.
Mr Wanjigi is accused of having five types of firearms- a Ceska, a Glock 19, a shot gun, a CQ, a CQ semi-automatic self-loading military assault rifle and a mini Archer.
Police say he was found with the weapons on October 17, 2017 and on February 6, 2018 at his Muthaiga Estate in Nairobi, house number 44, and at Luedecke & Co Limited at Uganda House, also in Nairobi.
His father, a former Cabinet minister, is accused of failing to safely store Glock 19 Pistol, contrary to Section 18 (3) as read with Section 18 (4) of the Firearms Act. He committed the offence on October 17, 2017 while being a licensed firearm holder.
High Court advocate Memba Muriuki is also wanted by the DPP to answer to charges of selling three prohibited firearms and 100 bullets to Mr Wanjigi.
The lawyer allegedly sold a prohibited semi-automatic, self-loading military assault rifle, of the mini-Acher kind, and two other assault rifles of the CQ design on August 12, 2014 and on October 17, 2013.
He committed the offences at Armament Limited at Umeme Plaza Nairobi along Naivasha Road, according to the charge sheet.
Mr Wanjigi's security guard is charged with failing to keep secure his Glock 19 Pistol on October 17, 2017.
It is said that he "failed to put the gun in a safe condition and, without reasonable precaution, to ensure that it is not lost or stole".