A Nyeri court has extended orders stopping the Director of Public Prosecution from charging a controversial Nairobi-based lawyer over selling prohibited firearms and bullets to businessman Jimi Wanjigi.
When the case was mentioned on Tuesday, the court heard that the judicial review application that the lawyer, Memba Muriuki, filed at the High Court in Nairobi had not yet been determined.
Chief magistrate Wendy Kagendo also heard that the order that suspended the criminal proceedings, as issued by Justice Roselyn Aburili on March 7, 2018, was still in force.
Mr Muriuki had been summoned to face Ms Kagendo but his lawyer, a Mr Kaberia, informed her that a Nairobi court had stopped the criminal proceedings.
The directive issued to the DPP, Inspector-General of Police, and the Nyeri chief magistrate, stopped commencement of the case and plea-taking until further instructions are given.
The DPP, the IG and the chief magistrate are the respondents in the case.
In her ruling, Justice Aburili allowed the lawyer to file the judicial review application in which he has opposed his prosecution.
“Leave is hereby granted restraining the first and second respondents, or any other officer under their authority, from instituting or commencing criminal proceeding, summons, charges or prosecution in criminal case number 252, which is pending for plea at the Nyeri Law Courts,” the order reads in part.
The DPP wants Mr Muriuki to answer to four charges of selling three prohibited self-automatic and self-loading military assault rifles and 100 rounds of ammunition to Mr Wanjigi.
According to the charge sheet, the lawyer sold the weapons to Mr Wanjigi on August 12, 2014 and October 17, 2013 at Armament Limited at Umeme Plaza along Ngong Road in Nairobi.
The rifles are named as of the mini-Acher and CQ models.
On April 4, Mr Wanjigi, his father James Maina and his body guard Nginyo Mwaura had their charges dropped.
The termination of the case came after the High Court in Nairobi quashed the charges and summons which had been issued against the three on March 28, 2018.
Justice Pauline Nyamweya, while ruling on the trio’s judicial review application, said the IG and the DPP abused their offices by preferring the charges away from where the alleged crimes were committed.
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