Queries after Judge's gun found at crime scene in Joska

Judge’s missing gun sparks firearm control questions. [Courtesy]

The recovery of a missing pistol belonging to Court of Appeal Judge Aggrey Muchelule has brought to light how easy in the absence of proper monitoring mechanisms, for firearms in the hands of licensed civilians to be used to cause harm.

Muchelule’s loaded Beretta pistol was recovered at a crime scene on Monday in Joska, on the outskirts of Nairobi. This followed a shoot-out between police and one Vincent Ochieng, who was being tracked in connection with the June 4, 2026 robbery at Chaiiwali restaurant in Spring Valley suburbs.

The suspect, when challenged to surrender after being cornered at a house belonging to his girlfriend, declined and instead opened fire, prompting a response from police that left him dead. The pistol had four bullets, while two spent cartridges were found at the scene.

Following scrutiny of the serial number at the Firearms Licencing Board registry, it was discovered the pistol belonged to Muchelule, who was issued with the same in 2018. Police then called the judge on Tuesday, informing him of the recovery.

He rushed to his Kitisuru home, where he confirmed his gun was missing. He headed to Spring Valley Police Station, where he made a loss of firearm report.

In the brief report, Muchelule indicated that the last time he checked, the gun was still intact, loaded with 15 bullets. That was last October when he intended to renew the firearms licence. He told officers that he forgot to complete the renewal process, adding that he rarely carries the pistol.

But when the pistol was recovered, it had only four bullets, raising concerns that the ammunition might have been used to commit felonies several times.

Detectives believe it is the same weapon that was used to rob clients at Chaiiwali restaurant located in Spring Valley, which is not far from Kitisuru.

Muchelule has since recorded a statement at the Gigiri Police Station, where detectives grilled him on Wednesday, according to Nairobi Regional Criminal Investigation Officer (RCIO) Danny Kandie.

“We are in the initial stage of investigations; that’s all I can share at the moment,” Kandie told The Standard.

As they try to collaborate on Muchelule’s account, investigators will be interested in ascertaining how the firearm left his home, where it was being stored, the condition of the safe, the possible day it was either taken or stolen, and looking for signs of forced entry into his house.

Of importance also is whether Ochieng, the suspect shot dead in Joska, could in any way have come into contact with the judge, members of his family or was familiar with Muchelule’s home.

Unravelling how Ochieng came into possession of the gun serial H209930 will be a breakthrough in a crime that is raising serious accountability questions.

Many Kenyans have been left wondering how a firearm belonging to the appellate judge ended up in the hands of criminal gangs after it emerged that Muchelule had never reported it missing or stolen.

Further, according to the law, whenever the licence for a civilian firearm holder expires, the person is required to surrender the weapon and ammunition to the nearest police station for safe custody.

Thereafter, the person is supposed to ask for a formal record or receipt confirming the firearm has been handed in for safe custody.

The person then proceeds to make the annual renewal online through the eCitizen Firearms Licensing Board portal.

In Muchelule’s case, when the licence expired, the pistol was never handed over to law enforcement for safekeeping, begging the question: who is to blame for this blatant oversight – police, Firearms Licencing Board or the judge himself?

Muchelule has held the gun since 2003. A source at the Firearms Licencing Board said when the licence expired, the judge was duly notified. “Why he failed to come and renew it is a question he can answer himself,” said the source.

While defending the Board from any blame, Ayub Rashid, the head of the agency, said that since 2003, Muchelule has been renewing the licence. “The matter is now with the Directorate of Criminal Investigations; we played our part and left the rest to him,” said Rashid.

Although a licensing officer may at any time by notice in writing vary the conditions subject to which a firearm certificate is held, it is still not clear whether Muchelule’s firearm was deactivated on the day the licence expired.

As investigators dig into the matter, legal and security minds are piling pressure for the arrest of the judge for abusing the Firearms Act, which regulates ownership, usage and custody of weapons in the hands of licensed holders.

Former Law Society of Kenya President Nelson Havi says Muchelule should be arrested for negligence, since he has not demonstrated convincingly how the Beretta pistol disappeared from his house, only to be recovered after committing a series of robberies.

“There's a possible offence of accessory to the robbery with violence. There's a second offence of accessory to the murder that has been committed using this firearm,” noted Havi.

According to the senior counsel, it is the responsibility of the licensed firearm holder to take secure custody of the weapon.

“You must renew the firearm license annually. Failure to renew that firearm license of necessity means you're holding an illegal firearm and you must report the loss of the firearm. Failure to report the loss of a firearm is an offence,” he added.

Security analyst Goerg Musamali emphasised that a licensed firearm holder who loses the weapon and then fails to clearly explain the circumstances under which it disappeared should be held accountable.

“In the case of Judge Muchelule, we expect investigators to track the movement of his firearm,” he noted.

In the event a licenced holder loses the firearm genuinely, the immediate step, maintains Musamali, is reporting to the nearest police station.

“Failure to do that means the person who was licensed did not have the gun. The law is also clear that the Officer Commanding Station where an individual was vetted conducts periodic checks on all firearm holders within his or her jurisdiction,” he explains.

 Musamali pointed out that failure to renew the license, which is done annually, means that the holder owns an illegal firearm.

“In Kenya, we have poor gun control systems because internal systems are not working and the big question is, are we licensing people who genuinely need these guns or because of their status in society?” he noted.

Among the functions of the Firearms Licensing Board are certifying the suitability of applicants and periodically assessing the proficiency of firearms holders; issuing, cancelling, terminating, or varying any licence or permit; and establishing, maintaining, and monitoring a centralised record management system.

Unfortunately, the Board hardly enforces some of these regulations, as misuse of firearms by civilian holders continues to pose a serious security challenge. It is believed that some of the licensed gun holders either use or issue their weapons to commit crimes.

In December 2018, then Interior Cabinet Secretary Fred Matiang’i ordered all licensed civilian firearm holders to undergo mandatory vetting in a move aimed at digitising records and weeding out illegal gun holders.

“Some lapses in the licensing of firearm dealers, civilian holders, and shooting range owners have led to the illegal possession, transport, misuse, and trafficking of such weapons, thereby posing major threats to national and regional security,” said Matiang’i.