The High Court has issued temporary orders restraining The government has been restrained from revoking the firearm license of former President Uhuru Kenyatta’s son, John Jomo Kenyatta.
This is after Jomo moved to court arguing that the decision to withdraw his firearms 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.
The former President’s son says that his license is valid until April next year.
Delivering the orders, High Court Judge Justice Jairus Ngaah certified the matter as urgent.
“Upon perusal of the material before me, I am persuaded that application merits leave for the applicant to mount an action for the judicial review orders of certiorari and prohibition,” reads the court order seen by the Kenyaonlinenews.com.
“Leave is, therefore, granted in terms of prayers 2 and 3…. leave granted shall operate as stay on 1st and 2nd respondents’ decision seeking to revoke the applicant’s firearm licence or demanding surrender of firearm licence held under that licence without following due process as set out in the Firearms Arms Act, cap. 114,” the order further reads.
In the court documents, Jomo says he was ambushed at his residence on the afternoon of July 21, 2023 by police officers acting under the instructions of the Chief Licensing Officer “arbitrarily confiscate his firearms without following the set-out procedure in the Firearms Act.”
“The unilateral decision by the 1st respondent (Chief Licensing Officer) and 2nd respondent (Firearms Licensing Board) to arbitrarily withdraw and/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,” reads the court documents.
The respondents have been directed to file and serve their submissions within 7 days of the date of service.
“In view of the impending High Court August/September recess, parties will highlight their submissions in the new term, more particularly on 27 September 2023,” directed the Justice Ngaah.
Former President Kenyatta has since defended his family’s gun ownership as legitimate, telling Kenyan media editors on Monday that his two sons own six guns in total, three each, and that all of the firearms are legally registered. He clarified that his daughter Ngina does not own a firearm.
According to the former president, none of the boys have received orders to surrender their firearms as has been claimed in the media and by top government officials.