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NASA MPs to sue over bodyguards, firearms

By Everlyne Kwamboka | Published Sun, February 4th 2018 at 00:00, Updated February 3rd 2018 at 21:00 GMT +3
Suba MP John Mbandi, lawyer Edwin Sifuna and Agness Zani address media outside Milimani court . The trio had come to show solidarity with TJ Kajwang . [Photo:George Njunge/Standard]

More than 50 National Super Alliance (NASA) MPs are expected in court tomorrow over the withdrawal of their bodyguards and firearm certificates by the government.

This comes even as NASA co-principal Musalia Mudavadi said he will not beg the Jubilee administration over a right granted to him by the law.

By yesterday evening, a team of lawyers were doing final touches on the documents, including signing of affidavits by those affected in a bid to make their joint application strong.

On Wednesday, the government wrote to some NASA leaders, asking them to return their guns, a day after their security personnel were withdrawn. The opposition leaders say the government wants to intimidate them.

In the letter, Firearms Licensing Board secretary Samuel Kimaru wrote, “You are unfit to be trusted with a firearm.”

Yesterday, Mudavadi, through his spokesman Kibisu Kabatesi, said it is the responsibility of the government to provide former Vice Presidents and Prime Minister with security, which should not be withdrawn at the whim of the police, incumbent minister or president.

“I warn Jubilee leaders that by completely violating the law, they are setting a perilous precedent that will come to haunt them once out of power. It is just a matter of time before the Jubilee leaders harvest what they have sowed by violating the rule of law,” he said. Mudavadi said the country is being held hostage by the Jubilee administration.

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Lawyer Edwin Sifuna told the Sunday Standard that security for MPs was a benefit recognised by the Salaries and Remuneration Commission (SRC), and not a favour.

“It is clear this is political intimidation. We fought to have the independence of the police service but it looks like it has gone back to be controlled by the state. We are not going back to the old days. We will fight for our rights,” he said.

Homa Bay Woman Representative Gladys Wanga, who is among the leaders preparing to move to court tomorrow, said they are now operating without police protection.

“This is pure political intimidation and we will not succumb to it. We will stand firm and continue with the struggle,” said.

Dagoretti North MP Simba Arati has already obtained orders preserving his security, pending hearing and determination of his case.

Certifying the case as urgent on Friday, High Court judge George Odunga also allowed Arati to apply for an order preventing the Interior ministry, Inspector General of Police and the Firearms Licensing Board from interfering with his lawful usage and continued possession of his firearm.

The MP was also allowed to apply for an order quashing the decision that revoked his license and ordered him to surrender his gun. The judge is expected to give further directions on the case on February 13.

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