A Nairobi court has ordered that businessman mogul Jimmy Wanjigi be given back his seven guns confiscated by the state in a raid at his home some years back.
In his ruling on Friday, High Court judge Chacha Mwita faulted the state for taking the weapons yet the latter had the licence to worn and keep them.
He agreed with Wanjigi's argument that the police forced themselves into his home and tool away the weapons, saying (Mwita) that the action was malicious and unlawful.
"The plaintiff’s rights were violated by the respondents. The actions of the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” the judge was quoted by the Standard.
Wanjigi's who enjoyed his second victory in the weapon tussle after winning an initial one before a Nyeri court said that there is no record of abuse of the guns.
He also pointed out that he has not been in any court over claims of misusing the guns, making it illegal and malicious for the state to confiscate them.
In her ruling in April, Nairobi High Court Justice Pauline Nyamweya told the Directorate of Criminal Investigation (DCI) off in their allegations against the businessman.
She faulted the DCI and Inspector General for prosecutinf him away from Nairobi where the crime was supposedly committed.