DPP opposes businessman’s bid to have his firearm back

Director of Public Prosecutions has opposed an application by a businessman seeking to compel the DCI to return his firearm.

While opposing the application by Kevin Obia, the DPP, through a Senior State Prosecutor, asked Milimani Senior Resident Magistrate David Ndungi to reject the businessman’s request, saying the application dated October 23, is not procedurally brought to court. 

He said the court has no jurisdiction to hear Obia’s application to have his firearm released since his criminal case subject to the matter was withdrawn and the file close when he was discharged under section 87(a) of Criminal Procedure Code (CPC). 

The firearm was taken from Obia when he was charged with threatening to kill a security guard. Police had said they confiscated the gun to verify its authenticity.

The prosecutor told the court that Obia was discharged mid-last year from an offence of threatening to kill a security guard at an apartment in Kileleshwa in Nairobi. 

He opposed the request, saying that also the firearm licensing Board needed to be notified.