Wanjigi father wants court to suspend firearm charge

Former Cabinet Minister Maina Wanjigi has moved to court seeking to suspend summons to appear before the Nyeri Magistrate court to take plea on a charge of failing to keep safe custody of a firearm.

The former minister also wants the state prohibited from commencing with any criminal proceedings against him in respect to the firearm taken from him.

In a certificate of urgency filed at the Milimani law courts on Monday, Maina claims that since the raid on his son’s property last year, the family has been subjected to continuous untold abuse, torment and harassment by the state, solely on account of Jimi’s association with opposition leader Raila Odinga.

Mr. Maina argues that he’s recuperating at his home in Karen after undergoing surgery in the United Kingdom and that he’s not in a state of mind to swear an affidavit in support of the application filed by his lawyers.

Through lawyers, Maina argues that he’s a disciplined licensed firearm holder with no record of misuse for over 50 years.

“On October 17, 2017 while at the home of his son Jimi Wanjigi, he was disarmed of his licensed firearm by officers in a violet, destructive raid on Jimi’s property, took away his firearm and still hold it to date,” reads the court documents.

The 87-year-old further claims that the summons requiring his attendance at the Nyeri Magistrate’s court were served on him on Saturday, March 3 in the evening.

“He has not been summoned or questioned by the police in respect to any criminal investigations in respect of the claimed charge as required by law,” claims his lawyer.

Lawyer Nelson Havi says that the action or decision to summon Maina to the magistrate in Nyeri is unfair, therefore erroneous and unlawful.