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When licence to kill turns city into mess

City News

IG Kimaiyo

A string of shooting incidents involving licensed gun holders, many of them in bars or on the roads, have brought into question the credibility of the vetting process and the motive behind acquisition of guns.

The latest incident, one still fresh in the minds of Kenyans, involved the killing of Mitch Kibiti, a university student who was shot in Bungoma after he differed with Hendrix Waswa, a businessman and licensed gun holder.

Security experts believe the gun licensing process has been abused through influence and corruption, with some arguing that the desire to own a gun is driven purely by status rather than security concerns.

“Security threats notwithstanding, the gun seems to be a symbol of status to some holders, who consider it an item of prestige,” says Major (rtd) Twalib Mubarak, a security expert.

He blames licensing officers for ignoring issues like usage, storage and legal aspects (Firearms Act) before issuing certificates to applicants.

Mubarak says although the vetting process is supposed to be strict, some applicants with questionable backgrounds are still given licences after bribing police officers.

An applicant must prove that his or her life is in danger, warranting protection through gun ownership. But over the years, legal civilian gun possession has remained the preserve of the rich, famous, celebrities and politicians.

Certificate of good conduct

Sadly though, some of these individuals licensed to carry guns have criminal records, that according to the law should render them ineligible to hold such weapons.

One of the critical requirements to qualify for a gun licence is a certificate of good conduct—an official document issued by the Criminal Records Office (CRO), with details of any crime that an applicant may have.

Such records include arrests, convictions, and any criminal proceedings. Head of CRO, Patrick Ndunda, declined to comment on allegations that some individuals are issued with the certificates despite damning records.

Criminal lawyer Cliff Ombeta linked alcoholism to the misuse of guns, saying, “when they (gun holders) are drunk, they get excited and think they can make statements by brandishing or firing their weapons. It mostly happens at night when they are under the influence of alcohol.”

Former CID director Dr Francis Sang says the law does not allow people to be armed while drunk, let alone publicly display firearms, because such  gestures are likely to compromise their own safety.

Sang, who also served as an executive director of Regional Centre on Small Arms, insists that those who misuse firearms should be punished. The same treatment, he adds, should be extended to licensing officers found to be corrupt.

“I believe that the vetting process is thorough, but it is the users who are abusing the privilege. Their actions as firearm holders should be satisfactory to the issuing authority, and any breach should lead to dispossession and prosecution,” the former CID boss, now a member of the Nyumba Kumi Initiative, says.

Political wheeler-dealers

A common complaint is that the licensing process tends to favour the rich, political wheeler-dealers and well-connected businessmen, while ignoring average wananchi in crime-prone places like Huruma, who are more at risk owing to insecurity in their neighbourhoods.

Mubarak however is of the view that despite living in unsafe environments, the poor, who form the bulk of the population, should not be allowed to carry guns legally. Instead, he challenged police to be more active in informal settlements.

“It is the sole responsibility of the state to increase security in those areas. If you give a poor man a weapon, chances are that he will hand over the gun to a third party, or end up being a victim of attack because of the insecurity around him,” the former soldier-turned-security consultant says.

But the Bill of Rights is against any form of discrimination. Article 27 (1) states that every person is equal before the law, and has the right to equal protection and equal benefit of the law. 

Mubarak however explains that only individuals who can demonstrate that they are at high risk of being targeted or attacked by virtue of either their businesses or positions, deserve to be armed.

After the Bungoma shooting incident, area women rep Reginalda Wanyonyi asked the government to withdraw all guns in civilian hands before conducting fresh, and thorough vetting to reduce cases of assault and murder.

“The vetting process will ensure licensed gun holders do not use their firearms to commit crime, but only resort to their use when their lives are in real danger. This will avoid unwarranted killings,” she said.

She also advised that gun holders be taught how to conduct themselves when “wronged” by others.

Mid last year, Inspector General David Kimaiyo ordered a probe at the Central Firearms Bureau following reports that cartels had infiltrated the agency, leading to weapons ending up in wrong hands.

It was alleged that some well-connected gun dealers and holders were influencing the issuance of licences and certificates.

The dealers, apparently, would bribe police officers to get the licenses. Reportedly, police were also being bribed by those wishing to evade the rigorous vetting process.

Kimaiyo said the probe was part of ongoing police reforms, while then chief licensing officer David Baya said it was a normal audit.

Police claim that only eight cases of licensed holders misusing their guns have been reported since January.

Head of police operations Philip Ndolo told The Nairobian the misbehaving firearms holders have consequently had their licenses revoked.

“They were cancelled because of various reasons, not necessarily violence. The reasons range from leaving the guns unattended, misuse or negligence. But the figure is likely to go up,” said Ndolo.

Evading vetting process

However a former police officer faulted the figures saying the frequency of misuse of guns among licensed individuals is high.

George Musamali, now a security analyst and consultant, claimed police are insincere because they are aware that many influential people are evading the tight vetting process, which has certain thresholds that they cannot meet.

He says at one point while he was arranging for his client to apply for a gun, a man promised to deliver him the same if he was willing to cough up a huge sum of money.

“The figure they are quoting is beyond 10. We have heard many reports of people misusing their guns while in pubs. I have a case where an Asian man told me to give him Sh300,000 in return of a license and gun, saying I did not need to subject my client to the vetting process,” said Musamali.

He said the number of cancelled licenses could be true since the holders got them through the normal procedure.

“Vetting is a vigorous process which some well-connected individuals avoid because some of them have bad characters. It is corruption where systems are circumvented by those enjoying political patronage,” the former chief inspector said.

Police equally were not willing to say how many people in the country own guns legally.

 

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