The office of Director of Public Prosecution has not withdrawn gun-related charges against former Cabinet Minister Maina Wanjigi and his son businessman Jimi Wanjigi.
When the matter was mentioned before Nyeri Chief Magistrate Wendy Kagendo on Friday, State Counsel Emma Gicheha said she had not received any instructions from the Director of Public Prosecution (DPP) on the withdrawal.
Ms Gicheha said this in response to a submission by the businessman’s lawyer, Kiogora Mugambi, who had told the court that he had information the cases would be terminated.
Mr Mugambi said when the judicial review applications pending before the High Court in Nairobi came up for mention on July 24, the DPP informed the judge that he was no longer interested in pursuing the matter.
“I came to Nyeri with the expectation that all charges relating to criminal proceedings against the businessman and his associates had been dropped,” lawyer Mugambi stated.
The influential businessman is charged alongside his father, his lawyer Memba Muriuki and his bodyguard Boniface Nginyo Mwaura.
Ms Gicheha requested more time to consult her bosses and the investigating officers handling the cases.
Via Twitter, DPP Noordin Haji said he has not given any instructions for the withdrawal of the cases against the Nairobi businessman.
Magistrate Kagendo heard that four judicial review applications filed in March, challenging the prosecution of the businessman and his co-accused, were still before High Court before justice Pauline Nyamweya.
Following the disagreement, she directed that the cases be mentioned on October 4 for confirmation of the applications.
Mr Wanjigi is facing 11 counts of having illegal firearms and ammunitions without lawful justification and while lacking a firearm certificate.
The charge sheet indicates that he had five types of firearms on October 17, 2017 and February 6. They were identified as a Ceska, a Glock 19, a shot gun, a CQ rifle and a semi-automatic self-loading military assault rifle, make mini-Acher.
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, Nairobi County.
The businessman's father is charged with failing to keep his Glock 19 pistol safely on October 17, 2017. He is a licensed firearm holder.
The businessman’s security guard, Nginyo Mwaura, is charged with failing to keep secure his firearm - a Glock 19 pistol - an offence that he is said to have committed on October 17, 2017.
Lawyer Muriuki is charged with selling prohibited firearms to the businessman on October 17, 2013 and on August 12, 2014.
The weapons were identified as a semi-automatic self-loading military assault rifle, make mini-Acher, and two other assault rifles of the CQ make.
The charge sheet indicates that he committed the offences at Armament Limited at Umeme Plaza Nairobi along Naivasha Road.