The High Court has sentenced Director of Criminal Investigations George Kinoti to four months in prison for disobeying a court order by failing to surrender guns belonging to Jimi Wanjigi, seized from the businessman in 2017.
Justice Anthony Mrima said in the ruling that the DCI boss has chosen to remain defiant despite being directed to return the firearms to Mr Wanjigi.
The Judge noted that even after finding Mr Kinoti guilty of contempt, he has taken no action to seek pardon from the court or seeking to suspend the decision.
"In other words, Mr George Kinoti stayed put and waited to see what the court will do to him in the face of his outright defiance," the Judge said.
The Judge directed Mr Kinoti to present himself to prison within seven days failure to which the Inspector General of Police should effect a warrant of arrest against him.
"In the further event the IG of Police fails to execute the warrant, the same shall remain valid and be executed anytime including when Kinoti leaves the office of the DCI," said Judge Mrima.
The Judge had earlier directed the DCI boss, Inspector General of Police and the DPP to return all firearms and ammunition taken from Wanjigi's residence in 2017.
The sought firearms are two Glock pistols, two assault rifles among others.
In his defence, Mr Kinoti said the firearms license was revoked and some of the firearms Mr Wanjigi held and a threat to security because they should not be held by a civilian.
In an affidavit, the DCI claims that some of the firearms held by Wanjigi are high precision military firearms not authorised to be held by civilians in Kenya under the Firearms Act.
"The firearms were subjected to ballistic examination and a report confirmed the Firearms Act prohibits them," the affidavit read.
The initial order to return the firearm was issued by the judge on June 21, 2019.