In a significant ruling, the High Court has put a stop to the Firearms Licensing Board's attempts to revoke the firearm license of John Jomo, the son of President Uhuru Kenyatta.
Justice Jairus Ngaah has issued an order preventing the agency from demanding the surrender of Jomo's firearm without adhering to the proper legal procedures.
In a court ruling, Justice Ngaah stated, "Leave is, therefore, granted in terms of prayer 2 and 3 of the summons. For the purposes of preservation of the substratum of the suit, leave granted shall operate as a stay of 1st and 2nd respondents' decision seeking to revoke the applicant's firearm license or demanding surrender of firearm license no 0000530 or the firearm held under that license without following the due process as set out in the Firearms Act."
The court's decision came in response to Jomo's petition challenging the government's plans to withdraw his firearm license. In the petition, Jomo expressed concerns that his constitutional rights would be violated if the case were not heard urgently.
Jomo has taken legal action against the chief licensing officer, the Firearms Licensing Board, and the Attorney General.
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He claimed that police officers visited his residence at Windy Ridge in Karen on Friday and verbally demanded the surrender of his firearms without following the proper procedures specified in the Firearms Act.
"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," stated Jomo in the petition, which was filed through senior counsel Fred Ngatia.
In the application, Jomo expressed apprehension that the officers might resort to brutal force to compel him to surrender his firearms and license, potentially drawing media attention.
He worried that such publicity could inadvertently attract criminal elements to target him.
Moreover, Jomo contended that the lack of prior notice of the intended license withdrawal denied him a fair hearing, as he was not given an opportunity to present his case.
Now, Jomo seeks the court's permission to challenge the government's plans to withdraw his firearm license without adhering to the due process as specified in the Firearms Act.
The case has garnered significant public interest, and the court's ruling represents a crucial development in the ongoing dispute between Jomo and the Firearms Licensing Board.
As the legal battle unfolds, the court's decision will have far-reaching implications for firearm licensing procedures in the country.
