This archive report was first published on 2 July 2019.
Published on July 2, 2019, a High Court judge has ordered the National Police Service and the Directorate of Criminal Investigations to return seven guns confiscated from businessman Jimi Wanjigi in October 2017.
Justice Chacha Mwita ruled that the security officers violated Mr Wanjigi's rights by raiding his Muthaiga home without a warrant, despite a court order barring the search and seizure of the firearms.
The raid, which took place on October 16, 2017, just 10 days before the repeat presidential election, was allegedly politically motivated, with the opposition and activists claiming the search was a ploy to intimidate Mr Wanjigi.
During the raid, police seized four Glock pistols, one Smith & Wesson pistol, a Mini Archer assault rifle fitted with a laser, an M4CQ assault rifle, and 646 bullets.
Mr Wanjigi's brother and father were present in the house during the search, and police destroyed CCTV cameras and other property in the house and compound.
The businessman sued a month later, seeking the return of his firearms, compensation for destruction of property, and violation of his rights.
However, police claimed they had obtained a search warrant on October 17, 2017, and only used reasonable force to gain entrance to the homestead after Mr Wanjigi refused to open the door.
But the High Court disagreed, stating that the search was illegal as no warrant had been issued, and that the search the following day was legal as a warrant had been issued that morning.
