Makarina Mutembei Kivutha through his Lawyer Dunstan Omari has filed a petition at the JSC seeking the removal of Justice Mrima from the Constitutional division of the High Court.
Makarina filed his petition on the following grounds. That the Judge has been acting in a manner Contrary to the expectations of a Judge.
According to Makarina, when the Judge sentenced George Kinoti, he refused to get the DCI boss to come to Court and defend himself and show cause and file his mitigation.
Further, Makarina argues that the firearms that Kinoti is said to have failed honour Court order by returning them to Jimi Wanjigi are military weapons.
According to the petitioner, the firearms are capable of destroying the whole of Nairobi hence posing threat to people living with disabilities as they cannot run from an attack.
That notwithstanding Makarina proceeds to file that the Judge convicted four respondents; the DPP, the AG, the IG and the DCI but only George Kinoti of the DCI was sentenced.
Makarina further claims that the Judge brought anterior exterior issues, evidence which was not before the Court initially.
According to Makarina this was an attempt to defeat justice that was not served to George Kinoti.
Justice Mrima was the presiding Judge in the case filed by Jimi Wanjigi and Irene Nzisa Wanjigi against the IG of Police, DPP, DCI and Attorney General.
This is the case that saw Justice Mrima sentence Kinoti to four months in Kamiti maximum prison.
The DCI boss George Kinoti is yet to serve his sentence.
Lawyers and activists have been trying to have the Court overturn the High Court sentence.
Orders jailing Kinoti however, have been stayed pending a ruling to be delivered in April 2022.
*This article was written by Cyrus Kimanga for Uzalendo News. Email: uzalendonews24@gmail.com to submit your story.
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