A three-judge bench on Wednesday granted temporary orders stopping the execution of the warrant of arrest and subsequent sentencing of Mr Kinoti pending a ruling on the matter on April 1, 2022.
The DCI moved to Appellate court persuading the court to grant the conservatory orders pending appeal saying that if the orders will not be granted then his appeal will be rendered nugatory.
"The position we have arrived at is that we will deliver our ruling on 1st of April 2022 and in the meantime we grant an interim order of stay pending the delivery of the ruling," the Appellate Court ruled.
High Court Judge Anthony Mrima sentenced Kinoti after he was found guilty of contempt of court for failing to return a cache of firearms seized by police from businessman Jimi Wanjigi's house in 2017.
Mr.Kinoti was to surrender to the officer in charge of Kamiti Maximum Security Prison within seven days.
Through lawyer Cecil Miller, Kinoti told the Court of Appeal judges that the High Court judge who delivered the sentence failed to consider new evidence that was tabled before him.
"The orders that we are seeking are valid orders. The consequence is to send Kinoti to jail... We are urging the court to exercise its powers and issue orders restraining any officer from executing the orders... We are seeking orders to grant conservatory orders even pending the ruling my lords," Miller argued.
The matter was before justices Fatuma Sichale, Msagha Mbogholi, and Kibaya Laibuta
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