State to withdraw Wanjigi case - Daily Nation

State to withdraw Wanjigi firearm case on Thursday

Monday March 12 2018

James Maina Wanjigi

Former Cabinet minister James Maina Wanjigi. FILE PHOTO | NATION MEDIA GROUP 

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The State is set to withdraw criminal charges levelled against former Cabinet Minister James Maina Wanjigi and his son Jimi Wanjigi in relation to dealing with illegal firearms.

A police officer attached to the Directorate of Criminal Investigations, who is among officer handling the case and is not authorised to speak to the media, said a formal application by the prosecution will be made before Nyeri Chief Magistrate Wendy Kegendo on Thursday March 15.

Mr Wanjigi's lawyer Kiogora Mugambi confirmed that he was privy to the State's intention, but said he was yet to get a formal notice.

Mr Mugambi insisted that the notice to withdraw the charges will have to be formally filed in court.

"We heard the same but yet to get a formal notice. The same will have to be formally filed in court," Mr Mugambi told Daily Nation.

The development came has Mr Wanjigi filed an affidavit in court indicating that his prosecution was abuse of administrative power and judicial process.

Mr Wanjigi added that the charges were in relation to a petition which is pending for determination at the High Court in Nairobi.

Through Havi Advocates, the businessman added that the Inspector General of Police and Office of Director of Public Prosecution have no power and jurisdiction to pursue the charges.

Mr Wanjigi is faced with 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 named as 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 house number 44 in Nairobi and at Luedecke & Co Ltd situated at Uganda House in Nairobi.

On the other hand, his father is accused of failing to keep safe his weapon named Glock 19 Pistol, contrary to Section 18 (3) as read with Section 18 (4) of the Firearms Act Cap 114 laws of Kenya.

He is accused of committing the offence on October 17, 2017 while being a licensed firearm holder.

The charge sheet indicated that, he “failed to keep the gun secure in his safe custody and in a safe condition and without reasonable precaution to ensure the weapon is not lost or stolen and was not at any time available to any person not lawfully entitled to possess it”.