By Zadock Angira zangira@ke.nationmedia.com
Posted Friday, January 6 2012 at 22:30
Posted Friday, January 6 2012 at 22:30
When applying for a firearms certificate, one is required to have a valid certificate of good conduct and a photocopy of their Kenyan Identity Card. Aliens will have to produce passports, work permits and any other supporting documents.
The originals of the above documents are submitted to the local police boss, who will complete a questionnaire and make his recommendations and thereafter forward to his OCPD.
A safe inspection report, which is filled after the station commander has visited the applicant’s house and checked the safety and location of the safe, will also be included.
The applicants will be required to fix a standard safe at his residence and this must be inspected by the local OCS or OCPD.
On receipt, the OCPD will table the application before the District Security Committee (DSC) with his recommendations.
The OCPD will further forward the application, together with the DSC’s recommendation, to the PPO where the Provincial Security Committee will deliberate on the applications and make their recommendations.
The PPO will again submit the PSC’s recommendations to the Commissioner of Police for final approval. All the recommendations by the DSC and the PSC must be accompanied by the minutes.
The Commissioner of Police will forward the applications to the Chief Licensing Officer who will in turn inform the applicants in writing.
After the safe has been inspected, the applicant will be issued with a firearm certificate allowing him to purchase the weapon he applied for. The certificate is renewable yearly.
Those who may hold a weapon without the Firearm Certificate or temporary permit are police officers for the purposes of duty, a person in the business of a firearms dealer and registered as such under the Firearms Act.
Others are an auctioneer, an approved carrier or a bank licensed under section 4 of Banking Act, a person having a slaughtering instrument and ammunition like an abattoir which is licensed or permitted by or under section 7 of Kenya Meat Commission Act.
Also those who have a firearm in their possession at an athletic or other sporting meeting for the purpose of starting races at that meeting are also exempted.
Liable to imprisonment
The offence of threatening to kill is usually verbal or in writing. The person would utter, or directly or indirectly cause any person to receive the threat.
Any person found guilty of this offence is liable to imprisonment for 10 years.
Section 220 of the Penal code states that any person who attempts unlawfully to cause the death of another; or with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a felony and is liable to imprisonment for life.
If it can be proved that the conduct was wilful and unjustifiable and can cause danger to life, health or give rise to a reasonable apprehension of such danger, this may be a good ground for prosecution.
Parliament intends to amend the Firearms Act with a view to providing for stiffer penalties for those found in possession of firearms illegally.
CID boss Ndegwa Muhoro said that considering the harm caused by the illegal use of firearms, the punishment was very lenient.
“It is not deterrent at all and plans are underway to make illegal possession a capital offence,” said Mr Muhoro.
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