Court extends order barring state from withdrawing Joho guns
The High court has extended orders barring the government from withdrawing Mombasa Governor Hassan Joho’s security and firearms.
Justice George Odunga said Interior CS Joseph Nkaissery’s order, revoking Joho’s firearms licence and confiscating his guns, was illegal and in “excess of jurisdiction”.
Odunga suspended the order on Friday pending the determination of the Governor’s application at the court.
But complainants in the case opposed Joho’s petition saying it was premature and unsuitable for court.
Nkaissery, the Firearms Licensing Board, Chief Licensing Officer and IG Joseph Boinnet said the case was being handled by a competent legal forum for redress.
CLO Samuel Kimaru said it was within his powers to cancel the licence as provided for by section 5(7) of the Firearms Act.
Kimaru urged the court to dismiss Joho’s application saying it is incompetent and lacks the jurisdiction to hear the matter.
The case was adjourned on the basis that respondents were not ready as they are yet to receive and reply to some allegations.
The judge ordered that documents be served to respective parties and responses effected in readiness for a hearing on June 16.
The High Court stopped the arrest and prosecution of Joho and reinstated his firearms licences on March 16.
Cord leaders Raila Odinga and Kalonzo Musyoka threatened to storm the police stationJoho would have been taken to had he been arrested for not surrendering his firearms.