Mombasa Governor Hassan Joho and his Kilifi counterpart Amason Kingi who are alleged to be facing harassment and intimidation by the government at Milimani law courts on March 24, 2016.
BY SAM ALFAN.
The High court has quashed the decision by Firearm Licensing officer to withdraw Mombasa Governor Ali Hassan Joho firearm.
“I quash the decision by Firearm Licensing officer dated 10 March 2016 purporting to revoke the firearm,firearm certificate No 4773 and firearms namely rifle 375S/No.G1015273, Pistols S/No.CHH692 and VFR 84 and all ammunition” ruled Odunga.
Justice Odunga also prohibited Cabinet Secretary for Interior Interior and Co-ordination on National Government Joseph Nkaiserry from harassing the governor.
“I prohibit the interior cabinet secretary in any whatsoever from directing ,continuing to direct and harassing or continuing to harass the Mombasa governor Hassan Joho by himself ,his agent,servants or assigns on the basis of the decision of Firearm Licensing officer” ordered Odunga J.
However Justice Odunga said firearm is not a symbol of power and should not be issued to those who simply want to use to intimidate other members of the society or to throw weights around.
He said those who abuse the privilege to have firearm, their licence should be withdrawn before the society is exposed to the perils and vagaries of firearm abuse but should be done according to the law.
Mr Joho got a temporary reprieve on Monday, March 15, 2016 with the High court suspending a decision by the Chief Licensing Officer requiring him to surrender
.Justice George Odunga directed that Joho’s firearms shall not be confiscated and he shall not be arrested and or charged over the same.
In a brief ruling, Judge Odunga stated that the power to cancel the license is within the licensing firearm board and the act by Interior CS Joseph Nkaiserry to make a decision before Joho’s appeal was determined was an illegality and a breach to the right for a fair hearing.
The court further stopped his arrest and recovery of his firearm by the police.
“That the grant of leave herein shall operate as a stay of the decision revoking the applicant firearms licence as well as confiscating his firearms and the consequential decision to charge him for failure to comply with the orders of the respondents pending further orders of this court”. Ordered Odunga.
Governors Joho close friend Dennis Musota was among top lawyers who appeared for the ODM Deputy party Leader.
Through his lawyer, James Orengo the governor told the court that he has been a holder of a licensed firearm certificate since 18 June 2008 and for the entire period of 8 years from the date of issuance of the certificate, he has never breached the conditions specified under the certificate and neither has he engaged in arbitrary misuse of his firearms.
The lawyer explained that the governor has never been notified of any intention to revoke his firearm certificate and neither has he been informed that he has suffered any disability to vitiate his ability to hold a firearm certificate.
He said that he only came to learn of the revocation through the media, and out of caution, he proceeded to the Mombasa regional police commander to verify whether the directive was true whereupon the police regional commander denied knowledge of such a directive.
However, he received a letter on March 10, from the Chief Licensing officer informing him of the said revocation and directing him to surrender the firearm certificate forthwith to the Police Commander.
