Businessman Jimi Wanjigi has got a major reprieve after the High Court declined to vary his bond terms in a case where he is charged with illegal possession of firearms.
Justice Chacha Mwita ruled that the Director of Public Prosecutions (DPP) had failed to provide sufficient evidence on why the orders sought should be granted.
The DPP, through lawyer Victor Mule, had argued that the orders that had been issued in an application by Mr Wanjigi seeking to stop his arrest had jeopardised investigations that were in progress as at the time they were being issued and should be varied or set aside.
The court had in October last year, stopped the police from arresting Mr Wanjigi and also granted him an anticipatory bail of Sh50,000.
The DPP had also requested the High Court to enhance the Sh50,000 anticipatory bail that had been granted to Mr Wanjigi, arguing that it was inordinately low compared to the offences under investigations.
“We don’t have an objection to the grant of the anticipatory bail, but want the bond imposed to be enhanced, to reflect the nature and seriousness of the offences under investigations,” said Mr Mule in court papers.
The judge however said the Sh50,000 anticipatory bail which had earlier been granted by court will remain the same.
Mr Wanjigi has been accused of the offences of possession of firearm, contrary to the Firmarms Act. His troubles started after police conducted a midnight raid at his resident in Malindi, Lamu County on October 16, 2017 and found guns and ammunition.
Mr Wanjigi had however defended himself saying all the guns to his name were licensed and that he committed no crime having them.
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