State ordered to return security officers, guns to NASA MPs and Wanjigi

The State has been ordered to reinstate the security detail of 141 members of Parliament affiliated to the National Super Alliance.

Justice Roslyn Aburili also ordered that the lawmakers retain their guns until their case is heard and determined.

The judge issued similar orders on the guns held by Jimi Wanjigi, noting that the complainants had raised legitimate concerns about their security.

The lawmakers argued that the action by the Government was illegal since they were also State officers who were entitled to bodyguards.

“The issue before this court is about the fundamental rights of MPs as officers of the State. We are entitled to bodyguards and also guns for security. The nature of our work also means that if we do not have security, we are exposed to danger,” argued lawyer Peter Kaluma, who is also an MP.

Firearms officer

At the same time, Wanjigi told the court that he was ordered to surrender his four pistols and three rifles by February 1.

A letter was sent to him on January 30 by the Firearm Licensing Board's secretary, Samwel Kimaru, informing him that his firearm licence had been revoked as he had allegedly been found unfit to be entrusted with a weapon.

The letter read: “I wish to notify you in accordance with the provisions of the Firearms Act that your firearm certificate No. 9522 issued to you on June 12, 2014, is with effect from the date of this notice revoked. Following the revocation, I require you to surrender to me the said firearm certificate and the ammunition should be surrendered alongside the certificate.”

Wanjigi, through his lawyer Willis Otieno, told the judge that he had a right to own the guns and that he has never been involved in any illegal or criminal act to warrant the withdrawal of the licence.

Criminal proceedings

He claimed that the Directorate of Criminal Investigations confiscated the guns during a raid on his house last year.

“There are no criminal proceedings brought against the applicant in any court and the confiscation of the firearm and decision to revoke his licence is part of a malicious campaign to impugn the character of the applicant and expose him to public harm,” the judge heard.

Wanjigi claims he had received threats because of his support for Opposition leader Raila Odinga.