Jomo Kenyatta’s firearm license has been protected by the High Court, which has prevented the Firearms Licensing Board from revoking it.
The son of former President Uhuru Kenyatta had moved to court with a petition contesting the government’s intention to withdraw his firearm license. He sued the chief licensing officer, the Firearms Licensing Board, and the Attorney General arguing that his constitutional rights would be infringed unless the case was promptly heard.
Jomo submitted that police officers visited his residence at Windy Ridge in Karen on Friday, July 21, and verbally instructed him to surrender his firearms. He claims that this decision was made without adhering to the proper process outlined in the Firearms Act.
Jomo also mentioned that his license is valid up to April next year.
“The unilateral decision by the 1st and 2nd respondents to arbitrarily withdraw or revoke the applicant’s license is illegal and ultra vires since the 1st respondent does not have the authority to unilaterally and arbitrarily withdraw the license without following the set out procedure,” he said through Senior Counsel Fred Ngatia.
In his petition, Jomo argued that the government’s failure to notify him about the intended withdrawal of his firearms license has deprived him of a fair hearing. He asserts that he was not provided with any opportunity to present his case.
He asked the court’s permission to challenge the plans to withdraw his firearms license, emphasizing the importance of following the due process.
“The grounds upon which a firearm license can be revoked are provided in section 5(7) of the Firearms Act, which when read with section 7 (2) (a) (v) of the fair administrative action act, cannot be invoked without being afforded an opportunity to be heard,” Jomo said.
Justice Jairus Ngaah barred the State from revoking Jomo’s licence and issued an order stopping the agency from demanding that John Jomo surrenders his firearm without following the due process of law.
“Leave is, therefore, granted in terms of prayer 2 and 3 of the summons. FJomoor purposes of preservation of the substratum of the suit, leave granted shall operate as stay of 1st and 2nd respondents’ decision seeking to revoke the applicant’s firearm license or demanding surrender of firearm licence no 0000530 or the firearm held under that licence without following the due process as set out in the Firearms Act,” Justice Ngaah ruled.
The court said the case will be heard by way of written submissions.
Jomo is to file his submissions within seven days and the respondents within seven days of service.
“In view of the impending August/September recess, parties will highlight their submissions in the new term,” Ngaah said.
The case will proceed on September 27.