- City lawyer Ahmednassir Abdullahi has foreseen the Directorate of Criminal Investigations (DCI) boss George Kinoti being dismissed from the police service if he doesn’t observe the 4-month jail term handed by the High Court
- Kinoti was sentenced to four months in jail after he was found guilty of disobeying a court order; He had been asked to return the firearms seized from businessman Jimi Wanjigi
- Ahmednassir, alias the Grand Mullah, now says Kinoti ought to obtain a court order challenging his imprisonment, or risk being “constructively dismissed from police service”
Senior Counsel Ahmednassir Abdullahi has suggested that DCI boss George Kinoti will be in high disregard of the law if he fails to present himself to prison, or obtain an order that stays the commencement of his jail term.
Last week, Justice Anthony Mrima of the High Court in Nairobi handed Kinoti four months in jail.
This is after the DCI chief was found guilty of disobeying a court order.
The judge ordered that Kinoti presents himself to prison within seven days, failure to which the Inspector General of police would effect his arrest.
Grand Mullah’s perspective
Weighing in on the matter, Ahmednassir said Kinoti’s stint at the agency would unceremoniously come to an end in the event he fails to present himself to prison, nor secure stay orders within the seven days.
The lawyer stated that Kinoti, by failing to obey the order, will have paved the way for his dismissal from the office he currently holds.
“DCI Kinoti is a Powerful with Powerful men in his corner. BUT if he doesn’t get a stay order against the 4 months prison sentence either from Justice Mrima or the Court of Appeal by 6 PM Wednesday next week…then at 6.01 he stands CONSTRUCTIVELY DISMISSED from the Police force,” said the Grand Mullah.
IG’s input is immaterial, Grand Mullah
Further, the Grand Mullah said that the IG’s involvement in the matter would be inconsequential, the ball being in Kinoti’s court, who has the option of presenting himself to prison or obtaining a stay order.
“It doesn’t matter whether or not the enforces the court order. For the purposes of his criminal sentence that is immaterial. Once the order of Justice Mrima crystallise, Kinoti will be a fugitive from the law & will by operation of law stand discharged from the police force,” he said.
According to the court, Kinoti defied a court order compelling him to return the firearms to Wanjigi.
The order addressed to the DCI, Police IG and the Director of Public Prosecutions (DPP) was issued in January 2019.
Kinoti was ordered to surrender to prison authorities within seven days to start his four-month term in jail.
Police IG to effect Kinoti’s arrest
The court also sanctioned the Inspector-General of police Hillary Mutyambai to effect Kinoti’s arrest should he fail to present himself to prison within the seven days.
Further, the judge stated that should Mutyambai fail to execute Kinoti’s arrest, the warrant of arrest issued against Kinoti will be active even after he (Kinoti) leaves office.
“In 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 Justice Mrima.
The DCI boss had been required to appear before the court on Monday, September 27, 2021, but failed despite being summoned.
The firearms were confiscated from Wanjigi’s Muthaiga home in 2017 after the hotly contested presidential vote.
Among the weapons Kinoti was ordered to return to Wanjigi in January 2019 are one pistol, make of Smith and Wesson, one Glock pistol and an assault rifle.