Uncertainty clouds Wanjigi gun case as State maintains silence

Defence lawyer Kiogora Mugambi (left) at Nyeri Law Courts. He wants the magistrate's court to terminate gun related charges against Mr Maina Wanjigi, his son Jimi and two others. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

What you need to know:

  • The Director of Public Prosecutions failed to confirm withdrawal of criminal charges facing them.
  • Their lawyer had requested that the cases be dropped.
  • The State was yesterday expected to give its position on the trial, but it remained silent.

Former Cabinet minister Maina Wanjigi and his son Jimi on Thursday suffered a blow after the Director of Public Prosecutions failed to confirm withdrawal of criminal charges facing them

When the matter came up for mention before Nyeri Resident Magistrate Ruth Kefa, the prosecution did not respond to the defence lawyer, Kiogora Mugambi who had requested that the cases be dropped.

TERMINATED

The State was yesterday expected to give its position on the trial, but it remained silent.

The criminal proceedings, which were suspended by the High Court on March 1, 2018, are against the two together with a security guard Nginyo Mwaura and lawyer Memba Muriuki.

The State wants them prosecuted for dealing in illegal firearms.

Mr Mugambi, had told court that he had information that all charges relating to the criminal proceedings against his clients would be terminated.

He added that four applications filed by his clients on March 1, 2018 at the Milimani Law Courts challenging their prosecution, were yet to be determined.

FURTHER DELAY

He noted that when the applications came up for mention before Justice Pauline Nyamweya last week, the judge said she would not allow further delay in determining whether the criminal trial infringe on his client's rights.

“The judge said she would not continue mentioning the matter in the hope that DPP was going to withdraw the charges at the lower court in Nyeri. She said it must continue and fixed a hearing date,” lawyer Mugambi said.

The High Court stopped the criminal proceedings at the lower court until the applications are heard and determined.

The troubles facing the two started in October, 2017 when police officers raided Jimi's home in Nairobi, hours after recovering guns and bullets at his Malindi house.

PROHIBITED FIREARMS

Police recovered five rifles and 93 bullets from the house and an M16 rifle at his Muthaiga home in Nairobi.

The authorities want Jimi charged with 11 counts of illegally possessing firearms and ammunitions.

His father and the security guard are facing charges of failing to keep safe their guns while Mr Muriuki is charged with selling prohibited firearms to the businessman.

The cases will be mentioned on December 6, 2018 for further directions.