The High Court has allowed a plea to drop a firearm case lodged by former President Uhuru Kenyatta’s son against the government following an out-of-court settlement.
Justice Jairus Ngaah allowed the request to close the case after John Jomo Kenyatta, the Chief Licensing Officer, the Firearms Licensing Board and the Attorney General filed a consent in court on grounds that they had resolved the gun license dispute out of court.
“Following the consent filed herein I hereby mark the matter as settled after the state agreed not to interfere with Jomo’s firearm license,” Ngaah stated.
The Attorney General, the Chief Licensing Officer and the Firearms Licensing Board confirmed to the court that they will abide by the procedure set out in the Firearms Act in dealing with Jomo’s firearms.
The new development comes after Jomo and the state in December 2023 engaged in negotiations in a bid to resolve the firearm license case out of court.
Jomo’s case
In July last year, Jomo moved to court seeking orders barring the Firearms Licensing Board from compelling him to surrender his firearm without following the due process set out in the Firearms Act.
Through his lawyer Fred Ngatia, Jomo sought the court intervention because he had not been informed of the reasons for the intended revocation of his firearms despite having a license.
“The government decision to withdraw or revoke my 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,” Jomo told the judge.
Ngatia argued that the son of the former president is a law-abiding citizen and has owned a license and related firearms without any complaints of misuse or violation of any licensing terms.
According to Ngatia, the unilateral decision by the government to withdraw Uhuru’s son’s guns in July last year, necessitated by a raid at his Karen house is illegal and unconstitutional.
