BY SAM ALFAN.
The High Court has barred the Firearms Licensing Board from revoking the firearm license of businessman Jimmy Wanjigi.
Justice Bahati Mwamuye further restrained the board and the police from preferring charges against the politician over the firearms he owns.
“A conservatory order be and is hereby issued restraining the Respondents, jointly or severally, from instituting, preferring, or continuing any charges or criminal prosecution of the Jimmy Wanjigi with respect to any firearms or accessories registered or owned by Wanjigi pursuant to Firearms Certificate No. 9522,” said the judge
The judge said if any charges or criminal prosecutions arising from or related to the certificate he holds have been instituted, they will remain suspended pending the determination of the case.
Wanjigi had sought court orders blocking the Inspector General of Police and the Director of Public Prosecutions from preferring charges against him.
He argued that it was important that the court suspends the board’s decision since its effect is to undermine his fundamental rights and freedoms.
Wanjigi added that the revocation will occasion him severe hardship as he will be arbitrarily deprived of his property, subjected to unfair and discriminative treatment by the board.
“It is in the interest of Justice that the order sought is granted so as to protect the Constitutional foundations of the Bill of Rights, the constitutional principles of the electoral system and the Fair Administrative Action Act,” Wanjigi told Judge Bahati.
The businessman cum politician said the Board purported to revoke his firearm Certificate 9522 issued on the 12th June, 2014.
He said the revocation was communicated to him verbally on August 19, 2024 when he had gone to file and lodge a formal complaint with Director of Criminal Investigations on the unlawful invasion of his residence in Muthaiga and planting explosives and assaulting members of his family.
The matter is pending before the High Court, he said.
It was his argument that he had a legitimate expectation that the government shall at all times be guided by the laws of the land in executing its mandate and that it shall at all times be guided by the Constitution, its constitutive Act, the Fair Administrative Action Act and Regulations under these Statutes.
