Man Convicted in Nairobi Court for Unlicensed Gun and Illegal Ammunition

A Nairobi court has convicted a man of the offences of being in possession of illegal ammunition and an unlicensed gun.

Milimani Principal Magistrate Paul Mutai convicted Jack Richard Otieno on two counts of being in possession of a firearm and ammunition contrary to Section 4 (2)(a) of the Firearms Act.

Subsequently, the accused was discharged on the count of forgery of an official document contrary to Section 315 of the Penal Code.

While convicting him, the Magistrate stated that “the case was proved in both counts 1 and 2, with the required standard and you are convicted accordingly in the two counts, being in possession of a firearm and ammunition without a valid certificate.”

The court noted that the accused did not dispute that the firearm and ammunition were recovered from his possession, and it is also apparent from the evidence given that the accused was asked to produce a firearm certificate authorising his possession of the same.

He subsequently produced a certificate bearing serial number 00685 that was disowned by the Firearms Licensing Board for authentication that confirmed  the certificate was not genuine.

While acquitting him on the offence of forgery, the Magistrate indicated that

“The prosecution did not present forensic evidence demonstrating that the handwriting or signature appearing on the certificate belonged to the accused.”

He also added that no evidence was produced establishing that the accused personally made the document or materially altered an otherwise genuine document.

“I therefore find there is no sufficient evidence to link the accused person to the charge that he forged the document and is granted the benefit of doubt and acquitted.

The accused was charged that on September 1, 2022, at the Intercontinental parking area, opposite Nyayo House along Posta Road in Nairobi CBD, the accused was found in possession of a Smith & Wesson pistol bearing serial number AHW1192 with one magazine loaded with 12 rounds of 9mm ammunition without a Firearm License Certificate.