Court stops Nkaissery from arresting Joho, withdrawing his firearms

Court stops Nkaissery from arresting Joho, withdrawing his firearms

The High Court has stopped Interior CS Joseph Nkaissery from arresting Mombasa Governor Ali Hassan Joho or withdrawing his firearms.

In a petition filed before High Court Judge George Odunga, Siaya Senator James Orengo, representing Governor Joho, said that Nkaissery had no powers to order the revocation of Joho’s firearms licences neither can he order the withdrawal of firearms.

“The Firearms Act which gave the Inspector General of Police powers to appoint Licensing Officers was repealed and a licensing board put in its place for certification, issuance and termination of firearms,” said Orengo.

“Even the Act provided that if firearms certificate is to be revoked, a respondent has to be given a hearing. We kindly plead with the court to stop any arrest, prosecution and withdrawal of the firearms.”

Joho had moved to court to appeal an ultimatum by Nkaissery requiring him to surrender his guns by Tuesday 2PM or face arrest.

Speaking on Tuesday, Nkaissery said that Governor Joho will be arrested if he does not adhere to his directive noting that the governor can appeal against the order after he has surrendered the firearms.

“Governor Joho has until 2PM to surrender his firearms failure to which he will be arrested. The law is very clear on the mandate I was given,” said Nkaissery.

Commenting on the matter, CORD leader Raila Odinga cautioned Nkaissery against attempts to arrest Joho saying if he made true his threat, they would mobilise their supporters to storm the particular police station and free him.

CORD co-principals Moses Wetangula and Kalonzo Musyoka also dared Nkaissery to arrest Joho saying they will not accept any attempts to apprehend the Mombasa governor.

Despite Governor Joho filing an appeal against the order to surrender his firearm, Nkaissery had vowed to go ahead with the demand for the recovery of Joho’s guns saying the appeal can only be considered after Joho has obliged to the directive.

In his ruling however, Judge Odunga stated that the power to cancel firearm licences rested with the licensing board, and not the Interior CS, noting that it will be unfair to deny Joho’s his request to stop his arrest and withdrawal of his firearms.

The case will be heard on April 8.

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Governor Joho Joseph Nkaissery Hassan Joho

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