Director of Public Prosecutions Noordin Haji has vehemently opposed an application by a flamboyant businessman who was charged with threatening to kill a security guard who sought to have DCI release his gun.
The DPP asked Milimani senior resident magistrate David Ndungi to reject the businessman’s request, saying the application dated October 23,2020 is procedural brought to court.
The prosecution says that the court has no jurisdiction to hear Kevin Obia’s application to release his firearm since his criminal case subject to the matter was withdrawn and file closed.
Obia was discharged under section 87(a) of Criminal Procedure Code (CPC).
The firearm was taken from Obia when he was charged with threatening to kill a security guard.
Police had said that they confiscated Obia’s gun to verify the authenticity of his firearm license.
The prosecutor told the court that Obia was discharged in mid last year from a charge of threatening to kill a security guard at an apartment in Kileleshwa in Nairobi County.
The DPP opposed the request, saying that the firearm licensing Board also needed to be notified.
The case will be mentioned November 10.