The high court has today certified as urgent the case in which Kilifi South MP Richard Chonga has challenged the decision by the state to seizehis firearms.
Justice Hedwig Ong’udi has certified the matter as urgent and directed him to serve the state with the papers within three days and the state has 5 days to respond.
The case will be mentioned on August 24.
In the petition filed in court on Monday, the Azimio affiliated legislator says his firearm was taken from him and also his security was withdrawn for no apparent reason.
Through Lawyer Danstan Omari, Chonga now wants the court to order the state to restore his security and firearms.
He claims that on Friday last week, without any lawful reason the regional police commanders took his two guns one being a Beretta Pistol and a Red Card.
On the same day, Omari tells court that security officers attached to his client were withdrawn without any notice or reason.
“The said withdrawal and confiscation of his firearms are manifestly unlawful, whimsical, irrational, unreasonable and a flagrant abuse of authority,” reads court papers.
Chonga says he has not committed or threatened to commit any crime that would justify the state to take his guns and withdraw his security.
“He is accordingly reasonably apprehensive that the withdrawal of his security and confiscation of his firearms is intended to curtail his interactions, duties and movements in the course of performing his official functions and in the enjoyment of his constitutionally guaranteed freedoms,” reads court papers.
Chonga further says for the past 10 years he has been a licensed firearm holder and has a license duly issued to him by the Firearms Licensing Board.
“Indeed, by dint of his current position as a Member of Parliament, there are now even more compelling reasons and circumstances that necessitate having the said firearms and ammunition in his possession,” reads court papers.
