Uhuru's first son and govt. pursue talks on gun license case

The state and the son of former president Uhuru Kenyatta are in talks to resolve his legal dispute over a handgun licence outside of court.

Negotiations to resolve the issue are still on, Jomo Kenyatta informed the court through Senior Counsel Fred Ngatia.

He requested that the court give them a mention date of January 31, 2024, for the potential recording of a consent.

The court continued the orders until January 31, when the case would be discussed, after State Counsel Munene Wanjohi affirmed the opinions expressed by Ngatia.

The last time the matter was in court, The Attorney General took issue with the case filed by Jomo saying he has not presented any evidence to substantiate claims of his firearm license being revoked.

The Attorney General backed the Firearm Licencing Board's demands to have the case dropped because it was predicated on conjecture.

Jomo Kenyatta was further criticised by State Counsel Munene Wanjohi in his court filings for not pursuing the Firearms Act's remedies prior to filing a lawsuit.

He declared, "Matters where the law has provided alternative mechanisms for dispute resolution must not be burdened with through the courts."

He argued that once these processes have been tried and proven ineffective, only then can a party initiate such proceedings and be granted permission by the courts.

“The prayers sought by Jomo are premature as there is no evidence presented by him to prove the state intends to indiscriminately revoke his firearm license or that we are on the verge of confiscating his firearms,” said Munene.

In court filings from around five months ago, Jomo requested an injunction against the chief licencing officer and the board taking his pistol away.

An injunction to overturn their choice to unilaterally withdraw his licence without giving it due procedure was also requested.

The Chief Licencing Officer's and the Firearm Board's decision to cancel Jomo's firearm licence or to require the surrender of the firearm licence no. 0000530 or the firearm held under that licence without following the Firearms Arms Act, cap. 114's due process was subsequently suspended by Justice Jairus Ngaah.

The order was made after Jomo testified in court that he was not given a reason when police demanded that he turn in his guns on July 21.

"On inquiry as to the reasons if any, that had caused an abrupt demand for my firearms, the offices feigned ignorance," Jomo said.

But the Chairman of the Firearm Licensing Board Rahid Yakub denied every allegation saying they do not intend to cancel the license.

“I am a stranger to the happenings of 21 July and confirm that I did not instruct any police officers to raid Jomo’s residence and the request by the so-called police officers to surrender his firearms and license is alien to me,” reads Yakub's affidavit.