The Court of Appeal on Friday affirmed its earlier decision to suspend orders that sentence the Directorate of Criminal Investigations (DCI) boss George Kinoti to four months in jail for contempt of court.
In a detailed ruling delivered by Justices Msagah Mbogholi, Fatuma Sichale and Immaana Laibuti agreed with Kinoti that the prison sentence and the warrant of arrest do not stay pending the hearing and determination of his appeal.
This means that the existing warrant of arrest against Kinoti cannot be executed and he will not go to jail pending the determination of the appeal.
The decision by the court of appeal comes following an application which was filed by the Attorney General Kihara Kariuki and Kinoti where they informed the appellate judges that unless Kinoti's appeal is heard, he will have lost his right to freedom.
Through Cecil Miller, the AG urged the court to stay the decision of High Court Justice Anthony Mrima sentencing Kinoti to a 4 month jail term for failing to return firearms to businessman Jimi Wanjigi in November last year.
Miller argued that unless the sentence issued by Justice Mrima last year is stopped he stands to suffer irreparable damage if he is jailed.
Kinoti was in November 18,2021 sentenced to four months in prison by Justice Mrima after he was found guilty of defying court orders dated June 21, 2019 requiring him to release to Wanjigi seven firearms and ammunition.
In his sentencing ruling, Mrima ordered Kinoti to within seven days surrender himself to the officer-in-charge of Kamiti Maximum Prison with a view of serving the sentence.
The judge directed that in the event that Kinoti fails to surrender, a warrant of arrest would be issued against him and the Inspector General of Police would execute the same.
If the IG Hillary Mutyambai fails to execute the warrant, the same shall remain valid and be executed at any time, including when Kinoti leaves the office of the DCI.