Businessman Jimi Wanjigi's family has accused the government of persecuting them over their closeness with Opposition Raila Odinga.
The revelations were made in court papers where Maina Wanjigi was seeking to stop his prosecution.
Justice Roseline Aburili stopped the Director of Public Prosecutions and the Chief Magistrate’s Court in Nyeri from summoning or charging Maina Wanjigi, pending the hearing and determination of a suit he filed opposing the intended prosecution.
In Nyeri, the former Cabinet minister did not show before the court where he had was to answer to charges of allegedly failing to secure his licensed firearm.
His lawyers instead requested that the case is deferred on account of the accused's health and an ongoing petition touching on the gun.
Lawyer Kiogora Mugambi told Nyeri Chief Magistrate Wendy Kagendo that Maina was indisposed and would not be able to appear in court.
Nairobi lawyer Memba Muriuki, who the prosecution said sold Jimi military grade weapons recovered during the raid on his home was also to appear before the court.