BY NT CORRESPONDENT.
A Nairobi court has ordered the reinstatement of three pistols to a politician who fired severally after a disagreement with members of his campaign team.
Justice George Odunga quashed the decision de-licensing and withdrawing his three pistols.
He also ordered the board to within 30 days of service of the order, rehear the matter afresh and give an opportunity to Kitute to be heard and make a decision within the law.
The Firearms Licensing Board revoked the license after Millitonic Kitute, Narc Chairman was engaged in a scuffle bordering on how to raise funds for his campaign.
In his 25 page ruling, Odunga said the board disarmed Kitute and his licence revoked after two groups clashed following a disagreement over how to raise funds for him.
“The applicant suddenly removed his gun and shot thrice in the air endangering the lives of other people involved in the scuffle,” the board said.
Kitute vied for Kitui East parliamentary seat on Narc ticket in the last year’s elections, but lost to Nimrod Mbai of Jubilee.
He told court that his arrests and prosecution were in bad faith and only commenced after his complaints of rigging of the elections in his constituency.
He added that the arrests were meant to have him detained in custody and not to file his petition.
The politician also claimed in court that on August 9, 2017, Kitui East MP Mbai strangled him at Sunrise hotel and took away his firearm which was taken to a police station and a false report made.
Justice Odunga however ordered that in default of compliance, an order of mandamus shall issue compelling the licencing board to return the firearms and the certificate.
“Democracy is normally a messy, and often times, a very frustrating, way of governance. In this respect , dictatorship are more efficient.” We have made a bed and we must lie on it however some people may feel uncomfortable with it. This is the message in Article 2 (1) of the constitution.” Odunga J observed in his ruling.
Mr Kitute was a candidate in the last General Elections contesting for the Member of National Assembly for Kitui East Constituency under NARC Party which is under the NASA coalition.
He told the court immediately after the August 8 election, he was arrested and taken to court at 2 p.m and charged with offence of behaving in a a disorderly manner while carrying a firearm contrary to section 33 of the firearms Act and was released on bond after Director if Public Prosecution found the charges were defective and recommended further investigations.
According to the ruling, Katute was arrested and charged in various court.
He had filed a petition challenging the election of Kitui East Member of Parliament Nimrod Mbai.
