BY PHEOBE WANJOHI.
Flamboyant businessman Kevin Obia has suffered a setback after a Nairobi court dismissed an application seeking to have the police return his firearm.
Milimani Principal Magistrate Benard Ndungi struck out the application by Obia who was seeking orders to compel Directorate of Criminal Investigation (DCI) to return his firearm.
The firearm was confiscated after the incident in Kileleshwa, where a man was shot. Obia had initially been charged with threatening to kill a security guard.
The Magistrate dismissed the application saying it was not properly filed before court. He added that the application was not filed online as required by rules during the Covid-19 period, where Chief Justice David Maraga directed court documents to be filed online.
The prosecution had urged the court to dismiss the application for failing to follow the required guidelines set by the Chief Justice.
Obia filed the application seeking the court to compel the DCI to return his firearm (pistol Sg Sauer P320) after he threatened a security guard.
He claimed he was acquitted of the charge and it was unfair and unjustifiable for the police to continue holding his firearm.
He claimed since he was discharged, he has not been charged afresh on the same criminal case and the continued holding of his firearm compromises his security.
On March 21 last year, Obia was charged before Milimani Senior Magistrate Peter Ooko where he denied the charge.
He is accused that on March 16, 2019 this year at Vue Claire Place along Siaya road in Kileleshwa armed with pistol without lawful excuse threatened to kill security guard Yohana Imbwaka.
Prosecution said that Obia on the same day this Month in Kileleshwa while carrying a firearm make Sig Saucer became disorderly by removing the firearm pointing it to Yohana Imbwaka a security guard at the said place.
Obia was arrested on March 18, 2019 after the CCTV video went viral showing him brandishing the gun to the said security guard.
He was released on a cash bail of 500,000 and a bond of Sh 1 million until his case was acquitted.
