Court blocks arrest of Wanjigi by police over protest probe

High Court in Nairobi has barred the Directorate of Criminal Investigation (DCI) from either arresting or detaining businessman Jimi Wanjigi, a day after the police raided his residence in Muthaiga, Nairobi.

Justice Bahati Mwamuye also ordered that in the event DCI was detaining Wanjigi, they should release him immediately until the case he has filed is heard and determined. 

“A further conservatory order be and is hereby issued directing the respondent jointly and severally, their servants, agents, or third parties acting under the direction or authority of the respondents to immediately free the petitioner,” ruled Justice Mwamuye.

Wanjigi denied ownership of Russian-made teargas canisters allegedly found in a vehicle outside his residence.

The businessman, in a case filed in the High Court, claimed that the weapons were planted by the police during the raid.

Wanjigi has sued the DCI, the Attorney General and the Director of Public Prosecution.

The businessman’s lawyer Nelson Osiemo told the court that he was trailed by the police from the Central Business District (CBD) after participating in the ‘Nane Nane’ protests.

“I have publicly supported the demonstrations by the Gen-Z and criticized how the Respondents have handled the demonstrations, I have reason to believe that the threatened arrest and constant harassment is politically motivated and the threatened arrest and or search have no legitimate connection whatsoever with the legitimate objectives recognized by law,” said Wanjigi in his affidavit.

The court heard that the intention was to arrest the businessman.

He claimed that he has in the last few months been subjected to untold suffering for voicing his discontent with Kenya Kwanza administration.

“Indeed, I believe that the aforementioned arrest was not a coincidence and has been planned for sometime now as over the last three months I have been subjected to untold mental and psychological anguish with police officers intimidating, harassing and trailing me and thereby violating my freedom of movement and right to privacy,” he said.

During the raid on Tuesday, the acting Inspector General of Police Gilbery Masengeli claimed that they found four teargas canisters, two Motorola mobile phones and seven chargers in the vehicle.

However, in court, Wanjigi said that the vehicle does not belong to him or his associates.

Hoodwink the public

He said the vehicle was used to hoodwink the public into believing the police were raiding the home for a legitimate reason.

Wanjigi urged the court to grant him an anticipatory bail.

His lawyer also asked the court to bar the police from harassing, intimidating, or arresting the businessman until the case is determined.

Osiemo also asked the court to order the government officials to shoulder the cost of the case.

It is not the first time that the DCI is entangled in drama with the businessman. In 2017, they raided his home again and carted away his guns.

In the incident that took 18 hours, the police sought to charge Wanjigi in court. Justice Pauline Nyamweya (now at the Court of Appeal) found that the then Inspector General of Police abused his office.

After, Wanjigi sued the DCI seeking to have the guns returned. The then DCI boss George Kinoti stayed put prompting the High Court to sentence him to four months in jail for defying court orders.

The Judge said that the orders would not lapse if the IG also did not comply. As such, Kinoti would be arrested even after leaving office.