Nairobi court has temporarily quashed the decision by the Firearms Licensing Board to withdraw Dagoretti North Member of Parliament Simba Arati's firearm licence and security detail.
The orders were issued by the High Court Judge George Odunga on Friday after the legislator filed an application on Thursday seeking to quash that decision.
“The applicant's security should also be reinstated pending the hearing of the application before me,” said Odunga.
Through lawyer Arnold Ochieng Oginga, Arati filed an application under certificate of urgency claiming that no notification was issued and he was not accorded an opportunity to be heard.
Oginga added that Arati’s constitutional rights of equal protection of the law and freedom from victimisation and access to justice have been greatly infringed.
“Firearms licensing board and the Inspector General of Police Ministry of Interior have acted in blatant disregard of the law and constitution while interfering with my clients constitutional rights,” said Oginga.
Arati claims that his right to fair hearing was violated and that it is of utmost urgency that this illegal act be arrested before it leads to further violation of the law.
He added that the process leading to the making of the decision was accentuated with secrecy and driven by political considerations in a manner that violates the provision of the law and right to fair hearing.
Arati says that the police should be guided by the law while undertaking such serious decisions, he needs his security details so that he can be able to move freely within the country serving Kenyans.
He added that in a letter dated January 30, 2018 the board purported to revoke his firearm certificate that issued on November 12, 2015 and withdrew his security details.
The MP claims that the police in revoking the license did not adhere to the principals of good governance set out under the law.
Arati wanted the court to stop the implementation of that decision pending the hearing and determination of the matter.
The license was revoked on February 1, 2018 and the board ordered him to surrender the firearm alongside with the certificate latest by February 1.
In a letter to the legislator, the Board said that it will do the same for members of National Resistance Movement (NRM) following the gazette notice by Interior Ministry that outlawed the movement.
