Republic v Chief Licencing Officer & another Ex-Parte Tom Mboya Onyango [2017] KEHC 1655 (KLR)

Facts

The applicant, Tom Mboya Onyango, holds a firearms certificate and has been issued a firearm. The Chief Licensing Officer revoked the certificate on the grounds that the applicant was prohibited from possessing a firearm under section 5(7) of the Firearms Act, but later cancelled the revocation.

Issues

1. Whether the revocation of the firearms certificate was lawful
2. Whether the applicant is entitled to mandamus to renew the certificate
3. Whether the applicant is entitled to prohibition against recalling the firearm
4. Whether the applicant is entitled to prohibition against arrest for possession of firearm without a certificate

Reasoning

The Court held that the Chief Licensing Officer must consider all relevant factors when revoking a firearms certificate. The Court found that the revocation was not based on a proper consideration of the applicant's compliance with the Act.

Outcome

The ex parte applicant's application was granted.

Authorities cited