The High Court in Nairobi has stopped the Nyeri magistrate court proceedings against businessman Jimi Wanjigi in connection with the firearm criminal case until case filed at the High court is heard and determined.
“I hereby stop the intended proceedings and issue a stay in criminal case no.251 /2018,”court ruled.
In his ruling, Justice George Odunga ruled that the applicant, Jimi Wanjingi had established a prima facie case.
The court however declined to issue orders stopping the police from commencing or proceeding with any criminal proceedings instituted in the Republic of Kenya against Mr. Wanjigi noting that issuing those orders amounts to abuse of court process.
The court has since directed that the motion be served within seven days and hearing set for April 6.
Wanjigi’s lawyers, led by John Khaminwa and Senator James Orengo argued that the businessman was not summoned nor questioned by the Inspector General of police in respect to any criminal investigations to warrant the taking of a plea.
“The action or decision to summon the applicant to the Chief Magistrate’s Court in Nyeri is procedurally unfair and has been undertaken without compliance with directions of the High Court and is therefore erroneous and unlawful,” lawyer John Khaminwa submitted.
Khamniwa said the action or decision to summon Wanjigi to Nyeri was taken with an ulterior motive or purpose calculated to prejudice his legal rights.
Inspector of General Police, the Director of Public Prosecution and the Attorney General have been named as respondents in the case.
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