Court dismisses gun application by man initially charged with threatening to kill

Businessman Kevin Obia at Milimani Law Courts at a previous date

A Nairobi court has dismissed an application by businessman Kevin Obia seeking to have his firearm which was confiscated by police returned to him.

Principal Magistrate Benard Ndungi dismissed the application saying it was not properly filed before court. 

“The application was not filed online as required by rules during the Covid-19 period, where Chief Justice David Maraga directed court documents to be filed online,” ruled the magistrate.

The firearm was confiscated after the incident in Kileleshwa, where a man was shot and the businessman was charged with threatening to kill a security guard in March 2019.

Obia had also been charged with behaving disorderly while carrying a firearm. However, he was acquitted of the offence whereas the charge of threatening to kill was withdrawn.

He argued that since he was discharged, he has not been charged afresh on the same criminal case and the continued holding of his firearm compromises his security and that of his properties.

It was his submission that no reason whatsoever was given to him by DCIO KIlimani of the continued holding of his firearm certificate and pistol.

The prosecution urged the court to dismiss the application for failing to follow the required guidelines set by the Chief Justice.

Obia was charged that on 16th March 2019 this year at Vue Claire Place along Siaya road in Kileleshwa armed with a pistol, without lawful excuse threatened to kill security guard Yohana Imbwaka.

The court heard that on the same dates, while carrying a firearm, make Sig Saucer Obia became disorderly by removing the firearm pointing it at the said guard.