Former President Uhuru Kenyatta's son John Jomo Kenyatta has gotten a major reprieve after the High Court issued orders barring the government from revoking his firearms license.
Justice Jairus Ngaah of the High Court Judicial Review Division has also issued orders barring the Firearms Licensing Board from compelling Uhuru's son to surrender his firearm without following the due process set out in the Firearms Act.
The judge further allowed Jomo to officially lodge a substantive suit against the Chief Licensing officer, the firearms Licensing Board and the Attorney General over their recent plans to revoke his firearms license unprocedurally.
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"For purposes of preservation of the substratum of the suit, leave granted shall operate as a stay of chief licencing officer and decision seeking to revoke Jomo's firearm license or demanding to surrender of firearm license number 0000530 or the firearm held under that license without the due process as set out in the Firearms Act," Justice Ngaah ordered
The orders were issued after Jomo filed an application under a certificate of urgency to stop the state's plans to withdraw his firearm illegally.
Through his lawyer Fred Ngatia, Jomo sought the court intervention on the grounds that he has not been informed of the reasons for the intended revocation of his firearms despite being in possession of a license.
"The government decision to withdraw or revoke my license was initiated in bad faith and is contrary to the rules of natural justice, illegal, ultra vires and an abuse of power and is in excess of authority and legal power," Jomo told the judge
Ngatia argued that the son of the former president is a law-abiding citizen and has been in possession of a license and related firearms without any complaints of misuse or violation of any licensing terms.
According to Ngatia, the unilateral decision by the government to withdraw Uhuru's son's guns on Friday following a raid at his house is illegal and unconstitutional.
While seeking the orders, the lawyer informed that on Friday, July 21, 2023 afternoon Jomo was shocked when a contingent of officers sent by the Chief Firearms Licensing Officer stormed his house in Karen and demanded he surrender his firearms without giving any reason or a court order.
"In a shocking turn of events, the chief Licensing Officer on Friday, July 21, 2023, in the afternoon sent police officers to Jomo's residential premises situated at 104 Windly Ridge in Karen verbally demanded the firearms legally owned by him," Ngatia says in the court papers.
"On inquiry as to the reasons if any, that had caused an abrupt demand for my firearms, the offices feigned ignorance," Jomo said in court papers.
According to Uhuru's son, the government violated his legitimate expectation of no arbitrary withdrawal and or revocation of his firearm license without informing him prior and without giving him a chance to be heard.
Jomo added that to date, despite requesting a written communication from the Chief Licensing officer and the firearms Licensing Board for the withdrawal, no notice, oral or written has been issued to him demanding he surrender his firearms.
Uhuru's son said the decision by the State to revoke his license is a violation of his rights as envisaged in Article 47 of the constitution and an abuse of power.
He stated that he decided to approach the court after being aggrieved by the government's unilaterally and unprocedural decision to take away his firearms without following the due procedure set out in the firearms act.
"The applicant ( Jomo) is apprehensive that the Chief Licensing officer and the firearms Licensing Board may use strong-arm tactics that may be deployed, which is why he is pleading with the court to intervene," Ngatia said.
The lawyer argues that according to the Firearms Act, a firearm certificate may be revoked only by a licensing officer if the law prohibits the holder from possessing a firearm to which the firearm certificate relates, or is of intemperate habits or unsound mind, or is otherwise unfit to be entrusted with a firearm.
He adds another ground is if the holder fails to comply with a notice requiring them to deliver the firearm certificate.
"In any case where a firearm certificate is revoked by a licensing officer, he shall by notice in writing require the holder to surrender the firearm certificate, and if the holder fails to do so within fourteen days from the date of the notice he shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
"Provided that, where an appeal is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed, and shall, in that case, have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed," Section 5 (8) of the Act reads.
"Chief Licensing officer can only exercise his powers pursuant to section 5(5) and (8) of the Firearms Act in compliance with the rules of natural justice. Jomo is entitled to be informed of the reasons for the intended withdrawal and revocation of his licence. In addition, he ought to be given an opportunity to be heard before the decision for withdrawal is made," Ngatia said.
In court filings, Jomo noted that he has a firearm license valid until April 27, 2024.
Jomo's decision to move to court comes six days after his house was raided by plainclothes officers sent by the State in search of 28 weapons it claimed had been obtained illegally after the ruling regime accused the former President of financing the anti-government protests led by Azimio leader Raila Odinga, claims that the former president has denied.
The State, at the time, through Interior CS Kithure Kindiki confirmed that it was seeking the weapons for ballistic examination.
In a subsequent interview with the media editors earlier this week, Uhuru clarified that his two sons, Jomo and Muhoho, only possessed six guns as opposed to over 20 as claimed by the government.
