The Nation (Nairobi)

Kenya: Nation Mulls New Tough Law to Check Gun Crime

Nairobi — Owning an illegal firearm, or even a toy pistol, may soon become an offence punishable by death or life imprisonment.

This was the terse message delivered by Internal Security minister John Michuki and the Commissioner of Police, Major-General Hussein Ali, in Nairobi, when they presided over the burning of 8,008 guns either surrendered to the authorities by unlicensed owners or recovered during security operations.

Proposals to change the Firearms Act to make ownership of an illegal gun or even imitations a capital offence will soon be taken to Parliament, Mr Michuki said.

If passed, gun offences will be in the same category as murder, treason and armed robbery, whose punishment is either death or life imprisonment.

"An illegal weapon in the hands of a criminal has no other purpose except to kill an innocent person. It's, therefore, justifiable to take equal measures against such a person," the minister said.

At the same time, Mr Michuki, repeated the shoot-to-kill directive he gave to police some time back, drawing criticism of human rights activists, politicians and the public.

Destruction of the guns comes in the wake of an upsurge in violent crimes, in which more than 60 people have been shot dead by robbers.

Police responded to the public outcry by releasing a list of six people they described as most wanted criminals, each with a Sh150,000 bounty on their heads.

Police have since shot dead Simeon Matheri Ikere, one of the men they had named in the list, but five others are still at large.

Civil strife and breakdown of law and order in some neighbouring countries has been cited as causing the proliferation of small arms in Kenya, and fuelling insecurity.

Twelve amendments drafted by Police have been presented to the Attorney-General. "We've forwarded the proposals to make the possession of any firearm, imitation firearms or toy pistols a capital offence. Enhancing the deterrence level recognises the fact that all illegal firearms are acquired specifically for criminal purposes," said Maj-Gen Ali.

The police chief also wants the Nairobi Protocol, under whose mandate the firearms were destroyed, promoted to a treaty recognised by other countries in the region.

"Small arms are legitimate tools of national security that cannot be simply banned. The challenge is to institute stringent control measures particularly in countries of origin to restrict flow," Maj-Gen Ali said.

He asked the public to help police in firearms recovery, saying the Government would continue to reward informers.

Police bonfires

Police have announced Sh50,000 rewards for every rifle recovered and Sh20,000 for a pistol. Some 15,000 firearms have been consumed in police bonfires in the last three years alone.

Government destroyed 8,289 and 3,389 guns in 2003 and 2005 respectively.

Strict enforcement of the law, Mr Michuki said, was a key step to achieving peace in Kenya and the whole region.

The minister said: "The proposed law seeks enhanced sentences and penalties to serve as deterrents to both illegal possession of firearms and gun running. The law, if enacted by Parliament, will provide for capital punishment for those found in possession, trading, conveying and dealing in illegal weapons.

"We are confident Parliament will respond positively to Kenyans' concerns on this important security matter."

The burning of guns seized from criminals, is in line with the 2000 Nairobi Protocol on proliferation of small arms. It requires that such weapons be burnt to ashes and metal residues smelted.

Gun-free society

Yesterday's ceremony at the historic Uhuru Gardens in Lang'ata is symbolic of the Government's commitment to a gun-free society.

In future, said Mr Michuki, small and light weapons would be destroyed at points of collection across the country to create more awareness among the locals.

"These weapons will never be used again for criminal purposes within our country or elsewhere," said the minister, shortly after lighting the fire that consumed the cache of arms.

The assortment of shotguns, submachine guns, pistols and automatic rifles went up in smoke within minutes in a blaze fuelled by petrol and firewood.

Paramilitary General Service Unit officers, armed with G3 rifles kept vigil until the fire went out and the metal residue was taken away for smelting.

Standard procedures demand that the metal residue is ferried to scrap metal dealers and smelted under the supervision of a senior police officer, of the rank of Superintendent and above.

Yesterday's event marked the biggest number of illegal firearms ever destroyed in Kenya at a go since the protocol was signed by 11 countries in the region.

Police boss Ali said most of the firearms were seized during last year's disarmament programme in Turkana, Baringo, Samburu and Pokot districts.

While others were surrendered by the public after the Government gave a month's amnesty. Police also sized guns from gangsters during gun battles.

Maj-Gen Ali also announced he had cancelled firearms licences particularly those issued to civilians on temporary basis. Most of the firearms destroyed were brought in from war-torn neighbouring countries.

Apparently the minister also extended the grace period saying: "General amnesty for those who voluntarily surrender illegally held arms is still in place. But anyone identified by intelligence sources to be possessing a gun shall be disarmed by force."

More weapons, which were recovered last year, could not be destroyed yesterday since cases were still pending in court in which they were being used as exhibits.

Destruction of rounds of ammunition is expected to take place soon at a police training grounds in Magadi.

Usually, destruction of live bullets cannot be done at the public park, like Uhuru Gardens, due to their explosive nature.

Throughout Wednesday night, armed police officers, kept vigil at the gardens.

The area was sealed off to public and the city council officials, who manage the park until the exercise was completed.

Police spokesman Gideon Kibunjah said toy pistols, mostly made of plastic material which were seized from gangsters would also be destroyed, after consultations with the National Environment Management Authority.


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