Court Stops Government From Harrasing Kenyatta’s son Over Guns

Wednesday, July 26, 2023 – The High Court has suspended the decision by the government to revoke President Uhuru Kenyatta’s son, Jomo Kenyatta, firearm license.

The court sitting in Nairobi issued a temporary injunction barring the State from harassing the former first family over gun licenses.

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 when he is supposed to seek renewal.

Justice Jairus Ngaah, who was presiding over the matter today Wednesday, therefore, 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 Citizen Digital.

“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 license or demanding surrender of firearm license held under that license without following due process as set out in the Firearms Arms Act, cap. 114,” the order further reads.

Court documents filed with the court shows that Uhuru’s son was ambushed at his residence on the afternoon of July 21, 2023 by police officers acting under the instructions of the Chief Licensing Officer who wanted his firearms confiscated 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,” partly reads his court documents.

The respondents have been directed to file and serve their submissions within the next 7 days of the date of service.