The High Court has quashed a decision by chief licensing officer Samuel Kimaru revoking Mombassa Governor Ali Joho’s firearm licence.
This means Joho will not be required to surrender his firearm certificate, rifle or ammunition. Justice George Odunga also prohibited Interior CS Joseph Nkaissery from harassing Joho on the basis of a decision by the firearms licensing officer, communicated through a letter dated March 10. He said besides a statement that Joho is unfit to handle firearms, no evidence was given to justify it.
“The respondents did not reveal information on how they arrived at the decision that he was unfit to manage the firearm,” Odunga said.
Kimaru had urged the court to throw out the case filed by Joho on grounds it was within his powers, as provided by the Firearms Act, to make the decision that required Joho to surrender his rifle and two pistols to Mombasa police.
Kimaru, the CS and the Inspector General of Police urged the court to decline to exercise jurisdiction because the matter was before a competent legal forum. However, Joho, through lawyer Anthony Oluoch, said he had been a holder of a licensed firearm certificate since June 18, 2008.
He said he has never breached the conditions specified under the certificate or engaged in arbitrary misuse of his firearms. Joho said he has not suffered any disability to disqualify him from holding a firearm certificate.
