The High Court in Nairobi has suspended government decision to revoke former President Uhuru Kenyatta son’s gun licence.
Justice Jairus Ngaah allowed John Jomo Kenyatta to retain the guns until the case he filed on Wednesday is heard and determined.
“Leave is, therefore, granted in terms of prayers two and three of the summons. For purposes of preservation of the substratum of the suit, leave granted shall operate as a stay of the first and second respondents’ decision seeking to revoke the applicant’s firearm licence or demanding the surrender of firearm licence no. 0000530 or the firearm held under that licence without following due process as set out in the Firearms Arms Act, cap. 114,” ruled Justice Ngaah.
Jomo moved to court following last week after a raid by police officers of his home in Karen. His lawyer Fred Ngatia told the court that the Firearms Licensing Board and the Chief Licensing Officer illegally decided to cancel Jomo’s licence.
He said his client has to date not received any written communication or complaint about his use or possession of firearms. “The applicant has been in possession of the licence and related firearms without any complaints of misuse or violation of any licensing terms. In a shocking turn of events, the first respondent on Friday, 21st July 2023 in the afternoon sent police officers to the applicant’s residential premises at 104 Windy Ridge Karen to verbally demand the firearms legally owned by the applicant,” argued Ngatia in court documents.
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He added that the government could only revoke the licence after summoning Jomo and hearing his side of the story. The senior counsel said the board also ought to have formally informed Uhuru’s firstborn son why it intended to revoke the licence.
He said Jomo feared that police might use excessive force and expose him to criminals as the public now knows he has no weapon for self-defence. The lawyer said the police’s actions are meant to attract publicity, which he says may be detrimental to his client’s safety.
“The applicant is apprehensive that the first and second respondent may use strong-arm tactics; deploy brute force to compel the applicant to surrender his firearms and licence and while so engaged attract media attention with the resultant publication that the applicant has been dispossessed his firearms thus unwittingly inviting criminal elements to target the applicant.
Due to the ever-present danger of the first and second respondents using strong-arm tactics which will render the Judicial Review,” said Ngatia.
In his supporting affidavit, Jomo explained that on July 21, officers came to his residence and demanded that he surrenders guns.
He stated that the orders were that his family should also follow suit. Further, Jomo narrated that the officers were adamant that they had instructions from the licensing officer to report back with the firearms. BY THE STANDARD MEDIA