While issuing his judgement on Monday ,Justice Anthony Mrima said there is no compelling evidence to allow the application, meaning the sentence issued against DCI boss remains in force.
Justice Mrima appeared to be citing to Kinoti's prior rebuttal that he was not the legitimate holder of seized firearms when he delivered the verdict.
Although the DCI boss stated that the firearms were being held by licensing board, the Judge noted that the Mr Kinoti failed to table proof of how they were turned over to the board.
"All government communication are in writing, but in this particular case, there was no evidence produced to confirm the manner or the date in which the petitioner transmitted the firearms to the board," Justice Anthony Mrima said in his ruling on Monday.
The failure to substantiate the claimed transfer, according to the Justice Mrima, demonstrates that the firearms are still in the custody of the DCI boss.
The DCI boss was sentenced to four months at the Kamiti Maximum prison last Thursday for contempt of court after he failed to return firearms seized from businessman Jimmy Wanjigi.
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