By KBC Reporters
Interior Cabinet Secretary Joseph Nkaissery has been barred by the High Court from arresting Mombasa Governor Ali Hassan Joho or withdrawing his firearms.
High Court Judge justice George Odunga, said CS Nkaissery and police have no power to revoke Joho’s firearms licences or order him to surrender his arms.
Justice Odunga said according to the new security laws, only a court of law can revoke a person’s firearm certificate and not the police. He added that Nkaissery’s directive to arrest Joho if he did not surrender his firearms was out of order since the governor had not been given a hearing as stipulated by the law.
Governor Joho was represented by Siaya Senator James Orengo, in the petition.
Joho moved to court hours after Nkaissery ordered his immediate arrest. He had been given until 2 pm Tuesday to surrender his guns if he wanted to avoid any arrest.
Nkaissery told the Senate committee at Parliament buildings that the law is very clear on the issue.
“ The law is very clear on the mandate I was given” the Interior CS said adding that Joho’s display of public anger may lead to misuse of his firearms.
Last week Nkaissery mandated Inspector General of Police, Joseph Boinett, to make sure the Mombasa Governor returns all his firearms.
He urged the IG to get hold of all firearms registered in the Governor Joho’s name, insisting that no Kenyan has the right to fully be in possession of a gun.
Nkaiserry said that Kenyans are allowed to apply and pay for a gun licence, but that the process does not confer full ownership, as the government can take back the gun endorsed to one if it deems it right to have it back.
Nkaissery has also directed Boinnet to repossess all firearms belonging to Kabete MP Ferdinand Waititu.
The Mombasa Governor Monday asked the Government to allow him to keep the guns citing insecurity.
Joho in a statement insists the withdrawal of his security detail is the a ploy by the Jubilee administration to intimidate those opposed to the way he is running the county alleging he spotted a contingent of military personnel in the area ahead of the Malindi by election.
Joho further claimed he is yet to receive official communication on why his security was withdrawn.
In a quick rejoinder the Inspector General of police Joseph Boinnet maintains Joho must surrenders his firearm saying they are not convinced he is of suitable temperament to be entrusted with a firearm.
His allegations of the presence of military forces in Malindi were dismissed by the police boss.
A section of cord leaders have since protested the order terming it intimidation of the opposition by the government.
Meanwhile, hundreds of youths in Malindi town have taken to the streets to demonstrate against alleged harrassment of coastal leaders.
The youths staged a peaceful demonstration from the Mian Malindi BP into the streets of the town bringing business to a standstill.
They demanded that the government reinstates bodyguards of the Coast governors including Mombasa’s Hassan Joho’s and Kilifi’s Amason Kingi.
They claimed by withdrawing the bodyguards they were hell bent on intimidating the two leaders.
The youths said, the Coast leaders had had their security intact for the past three years after they were elected into power and were surprised to see that all of a sudden the government is recalling their security soon after the win in Malindi’s by-election.
“We don’t want to imagine that the national government is doing it just to intimidate our leaders since it lost in the past Malindi By election, we want the government to recall their decision,” they said.
Kazungu Kadheha one of the demonstrators said, Malindi people had done their rightful choice to elect their candidate and that would not warrant for any intimidation from government machineries.
Kadheha said, they were sure their MP elect Willy Mtengo was going to deliver and that the government had no right to intimidate their leaders on such political grounds.
The demonstrators however warned that the by election period was over and wanted parliament to swear in their candidate so that he can immediately start duty in parliament.