Kimilili Member of Parliament Didmus Wekesa Barasa Mutua has been allowed by the High Court to challenge a decision by the Secretary of the firearms licensing board to return his gun as well as renew his firearm certificate.
Justice John Mativo further directed Firearms and Licensing Board Secretary to return the confiscated firearm to the MP without further conditions.
The Court also prohibited Ministry of Interior and Coordination from recalling or causing to be recalled by himself or acting through his agents employees or servants the two police officers currently attached to the MP until hearing and determination of the application.
In a case filed under certificate of urgency, Barasa also sought an order prohibiting the Interior CS Fred Matiang’i from recalling the two police officers currently attached to him, pending the hearing the hearing and determination of the case.
Through lawyer Dunstan Omari, the MP claims that no cause has been given in writing or otherwise, for the withdrawal, a move he termed as unconstitutional.
Mr Barasa said he was apprehensive that the CS was likely to take further actions against him such as withdrawing or causing the withdrawal of his security.
“The applicant has been vetted and cleared multiple times has never been nor is he currently accused of any violations of the use of firearm,” stated Omari in the application.
He said through an oral order of April 25, 2019 the secretary neglected, refused or failed to renew Mr Baraza’s firearm certificate. He further said his Glock 19 Gen4 9-millimeter firearm assigned to him, was confiscated.
He said the action puts the MP’s life in eminent danger as he has been receiving consistent and current threats to his life by unknown people.
He said Barasa was a victim of robbery with violence in January 2019 along Mombasa Road which he would not have survived the ordeal had he not been armed. He said the DCI has ascertained the death threats to be viable and active threats.
The secretary of the firearms licensing board, the firearms licensing board, the Attorney General and the cabinet Secretary ministry of interior and coordination of National Government are the respondents in the case.
