Kimilili MP Didmus Barasa has sued the state over plans to confiscate his firearm.
The MP who had been told the surrender his firearm last week says his security is at stake and wants the court to intervene and stop it.
Barasa sued the Inspector General of Police Hillary Mutyambai, Firearms Licensing Board, the Director of Criminal Investigations and the Attorney-General.
He believes the decision is politically motivated and particularly relates to his campaign and election role in the just concluded Kabuchai constituency by-election for which he has been charged with offence of preparing to commit a felony.
As a result, he says the decision to take away his firearm is preempting the outcome of the pending criminal case and therefore potentially prejudicing his defence.
“…And 1st respondent (Mutyambai) and 2nd respondent (board) are therefore violating the applicant’s (MP’s) right to be presumed innocent until proven guilty,” he said.
On February 5, the chairman of the Firearm Licensing Board directed the MP to surrender both his license and firearm in 24 hours.
The MP says he was not given any reason for the surrender and is apprehensive if the state is not stopped, his firearm will be taken from him exposing his family to grave danger. The chairman of the board had hinted that Barasa was being stripped off his license over misconduct but this was not expounded.
Interior CS Fred Matiang'i on Friday said politicians found misusing their guns during election campaigns will have their firearm licenses revoked.
Matiang'i said the violence witnessed during last Thursday's by-elections in Kabuchai, Matungu and Nakuru is unacceptable.
The CS said the police officers are frustrated because it is the leaders who should be setting a good example that are breaking rules.
In his suit papers yesterday the MP said he had been receiving phone calls from the DCI to surrender his firearms.
The board, the MP said, cited section 7 and 33 of Firearms Act which does not empower it to revoke the firearm.
-Edited by Sarah Kanyara
