Jimi Wanjigi skips court as he 'doubted authenticity of summons' - VIDEO
What you need to know:
- Heavy security was deployed at the Nyeri court where Mr Jimi Wanjigi's case was to be heard.
- He did not go to court as he doubted the authenticity of the summons, his lawyer said.
- The court confirmed the summons were genuine and ordered that he appear in court on March 5, 2018.
Businessman Jimi Wanjigi on Thursday failed to appear in a Nyeri court to answer to criminal charges of being in possession of prohibited firearms.
Lawyer Kiogora Mugambi, who appeared before Chief Magistrate Wendy Kagendo on his behalf, said the businessman failed to honour the court summons because they appeared ‘fake’.
SECURITY
Dozens of uniformed police officers had been deployed at the court to maintain order following speculation that the businessman might be accompanied by his supporters.
One of the officers said the heavy security in and outside the court was to prevent fracas.
The officers were taken to the law courts at 8am in two police pick-ups and one Land Rover.
SUMMONS
On Thursday, lawyer Mugambi said the summons served to Mr Wanjigi on Wednesday evening were questionable, noting that the document did not have a seal or stamp of the court.
“The procedures of serving were not proper. The summons were fixed on the car of my client. They lacked a seal or stamp but only had a file number.
“We want to first ascertain the genuineness of the summons and the nature of the charges so that we can prepare ourselves,” said lawyer Mugambi who spoke on behalf of Senior Counsel James Orengo.
He said Mr Orengo could not make it in court.
DOUBT
The lawyer explained that the people who dramatically served the businessman with the orders were armed and were not in police uniform, making him have doubts on the matter.
“The summons and the procedure were not clear and that is why my client did not appear. I’m here to confirm the authenticity and the charges,” Mr Kiogora told the court.
He further asked the court to direct the prosecution to supply him with a copy of the charge sheet as he urged the court to defer the plea for 14 days.
FIREARMS
In response, State Counsel Wesley Nyamache dismissed the reasons advanced by the lawyer, saying the businessman was aware that he was needed in court.
He said Mr Wanjigi was summoned following an application by an officer attached to the Directorate of Criminal Investigations (DCI), Maxwell Otieno.
The prosecutor said the officer has been investigating the businessman in relation to dealings with illegal firearms.
“This was informed by the fact that the suspect had moved to the High Court and obtained anticipatory bail of Sh50,000 which barred his arrest, trespassing on his private property and residence without court order.
“The Investigating officer made application requiring his attendance in court on February 27, 2018,” Mr Nyamache told the court.
He asked the court to issue a warrant of arrest against the businessman for disobeying the directive to appear in court.
CHARGES
While delivering the ruling, the magistrate deferred the taking of the plea to March 5, 2018, saying the 14 days sought by the suspect’s lawyer was unjustifiably long.
Ms Kagendo also said there was no need to issue the summons afresh, after finding that those served earlier were genuine.
According to the charge sheet, Mr Wanjigi will face 11 counts of having illegal firearms and ammunitions without lawful justification and without holding a firearm certificate.
The charge sheet indicated that he had five types of firearms – a Ceska, Glock 19, shot gun, CQ, semi-automatic self-loading military assault rifle make CQ and another rifle make mini Archer – on October 17, 2017 and on February 6, 2018.
He is said to have committed the offence at Muthaiga Estate, Nairobi, and at Luedecke & Co Ltd at Uganda House in Nairobi.
