JIMI WANJIGI’S ARREST ORDER EXTENDED AS LEGAL PROCEEDINGS CONTINUE
The High Court has extended orders barring police from arresting city businessman Jimi Wanjigi.
Justice Bahati Mwamuye issued the reprieve by way of an extended protective order this time until September 19 but warned that the move would not delay the filing of a charge sheet against Wanjigi.
This morning, Wanjigi’s counsel, Willis Otieno, had advanced arguments for the extension of the current order. “We seek leave to extend the protection order,” Otieno said.
“There are a number of key issues that have come out in the recent past, which we would wish to place before the court. That shall call for an amendment of our present application. We feel that is the right direction to take so that everything that is relevant is fully exhausted.”. I assure this court that this [extension] will not prejudice the opposing party at all.
Otieno reiterated, “The additional time will allow updating of our application with new information that could be crucial to the case. We are committed to ensuring that all procedural and legal aspects are thoroughly covered.”
The application was, however, opposed by the Director of Public Prosecution. The DPP said the application by Otieno was not supported by the pleadings. “What Otieno is asking for is not supported by the original pleadings filed in this court,” said the DPP. “They are essentially seeking to address issues that were not part of their initial application.”. This is a pre-emptive move, which is an effort to pre-empt our response and handle issues which we have not had a chance to challenge. The petitioners have not explained how the prosecution move infringes on their rights. We, therefore, object to the grant of an order which seeks to bar the laying of charges against Mr. Wanjigi.
The DPP explained further, “What we are saying is that the petitioners must not be allowed more time to amend their application where such is not anchored on the original issues raised. We are afraid that granting such extension may unjustly delay the legal process and consequentially thwart the pursuit of justice.”.
Justice Mwamuye, after listening to submissions by both sides, ruled that a seven-day period be accorded to Wanjigi for filing and serving an amended petition. Further, he said the matter would be placed before the court on September 19, 2017, for review of the amended petition for suitable directions.
With this ruling, the Jimi Wanjigi case courtroom drama will continue, with the court expected to hear the new application and any other developments on September 19.
