Reprieve for MCA as Court Throws Out Fire Arm Case
Milimani Court has today acquitted Makongeni Member of County Assembly Peter Anyule Imwatok accused of being in possession illegal firearm.
Senior Resident Magistrate Ms. Carolyne Muthoni Njagi found Imwatok not guilty of the four counts labeled against him.
‘‘There was no evidence induced in this case to show the accused person had made the said firearm certificate by either preparing it, printing it or even signing it ..the prosecution did not prove their case the required standards that the accused person made the firearm certificate as charged the accused is acquitted as the provisions of section 215.” The judge said.
‘‘The accused person is acquitted as charged in count 4 as the provisions of section 215 ..the accused person is set at liberty unless. lawfully held the cash bail deposited in court be refunded…right of appeal 14 days.” Njagi ruled.
Accused lawyer Kokobe laughed of the charges saying they were politically instigated and could not stand legal test.
‘‘It is good that today the good magistrate sitting has seen through the arguments of counsels, I was with my colleague Ashioya Biko whom I took over the matter from. In that particular context we lead evidence to show that indeed the accusations that had been preferred against the accused persons were not accusations that were properly thought.’’
Section 2(a) of the Firearms Act, 2012, if any person purchases, acquires or has in his possession any firearm or ammunition without holding a firearm certificate in force at the time, or otherwise than as authorised by a certificate, they commit an offence liable to imprisonment for a term of not less than five, but not exceeding ten years.
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