Businessman Jimi Wanjigi wants Directorate of Criminal Investigations (DCI) cited in contempt of court for failing to return his seven firearms that the police confiscated at his home in October 2017.
The businessman Thursday told Justice Anthony Mrima that the State security agency was yet to return the guns as ordered by the High Court on June 21 last year.
However, hearing of the contempt application aborted because the representative of the Attorney General had not filed documents in response to the application.
The State Counsel, a Ms Mwangi, told the court that she needed time to seek further instructions, considering that the matter is a sensitive case touching on firearms.
She asked for 14 days to file the documents and have the Director of Public Prosecutions involved in the case.
Justice Mrima allowed the adjournment application and postponed the hearing of the contempt application to December 2.
Mr Wanjigi filed the application dated September 7 seeking to have the DCI punished for failure to obey the High Court order requiring the State to return his firearms and ammunition.
Justice Chacha Mwita, who ruled that the State acted irrationally by carting away the businessman’s guns while he still held a valid licence, issued the order. He said the State violed the businessman’s rights when seizing the guns.
“The actions of the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” ruled Justice Mwita.