Court quashes order to cancel Joho's guns licences
Mombasa Governor Hassan Joho addresses attendants at Mombasa port during the launch of the construction of a terminal on December 16, 2016. His firearms licences will not be revoked. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP
What you need to know:
- Justice George Odunga ruled that the decision to cancel the governors’ certificates was unlawful since it was done in an unprocedural manner.
- He then directed that the governor’s licence be reinstated and issued orders stopping the Interior Cabinet Secretary Joseph Nkaissery from harassing him and any of his employees.
The High Court has granted reprieve to Mombasa Governor Hassan Joho after it quashed the cancellation of his firearms certificates.
Justice George Odunga ruled that the decision to cancel the governors’ certificates was unlawful since it was done in an unprocedural manner.
"Although a gun is not a toy, those misusing firearms are obviously abusing their certificates hence the government should not hesitate to withdraw their licences in accordance with the law.
"In this case, the decision to withdraw the applicant’s certificate is hereby quashed," the judge said.
He then directed that the governor’s licence be reinstated and issued orders stopping the Interior Cabinet Secretary Joseph Nkaissery from harassing him and any of his employees.
Mr Joho, who on Wednesday graduated with a Bachelor’s Degree in Commerce from Gretsa University in Thika, had moved to court in March after the Kenya Police Central firearms bureau asked him to submit his rifles and pistols as well as their certificates to the Mombasa Central Police station OCS.
The cancellation of the licences came after the withdrawal of his bodyguards, just a day after Coast regional commissioner Nelson Marwa warned that those involved in violence during the Malindi parliamentary by-election would be dealt with.
The governor said the ruling administration was intimidating him, and that the withdrawal of his bodyguards was done without formal notification.
His lawyers, James Orengo and Anthony Oluoch, told the court that the governor has been a licensed holder since June 18, 2008.
The court was also told that the governor was ordered through a press statement to surrender his certificates or face arrest.
He, therefore, argued that his life was in danger and that his rights had been violated.
The governor had sued the Chief Fire Arms Licensing Officer, the Interior CS, the Inspector-General of Police and the Attorney-General.
Previously, the judge had only issued temporary orders stopping his arrest over the gun drama.
