, NAIROBI, Kenya, Feb 13 – Dagoretti North MP Simba Arati is not entitled to a firearm having professed that he is a member of National Resistance Movement (NRM).
The Firearm and Licensing Board Secretary Samuel Kimaru has in a response to Arati’s case contesting revocation of his firearm certificate said that “having openly said that he is a member of a movement which has been proscribed as an organized criminal gang, the court ought not to give him the relief he is seeking.”
Kimaru has urged the court to dismiss the case on grounds the lawmaker has not approached it with clean hands having not disclosed that the last time he applied for renewal of the certificate was two years ago.
Under the circumstances, Kimaru explains that Arati ought to have sought remedy under the Firearms Act before seeking legal redress.
Kimaru has defended the decision to revoke the legislator’s certificate on January 30 for failure to apply for renewal upon expiry last November.
Kimaru has added that Arati is in violation of the Firearms Act for being in possession of a firearm whose certificate had expired.
Arati has sued the board accusing it of acting in blatant disregard of the law.
He claims the process leading to the unlawful decision was assented with secrecy and driven by ulterior motives and political considerations.
This, he says, violates provisions of law and defeats the principles of the constitution and right to fair administrative action.