Why carrying illegal firearm is a serious crime

Wahime Thuku

Under the Firearms Act laws of Kenya, anyone can apply for a permit to own a firearm and ammunitions.

But one has to meet several qualifications to be issued with the permit. Once licensed, you can only purchase the type of firearm described in the permit.

Carrying an illegal firearm is a serious crime, which under Section 4 of the Act attracts up to 10 years in jail without the option of a fine.

In fact, if the firearm or ammunition is one of the types prohibited in law, then the sentence shall not be less than seven years and not more than 15 years.

The same is the case if you are in possession of more ammunition that those permitted.

But if you are convicted for failure to renew the firearms certificate by negligence, then you shall pay Sh500 for every day you had the gun with an expired certificate.

If you fail to pay the fine, then you go to jail for up to two years.

There are some guns such AK47, G3 and MP5 which are described as "specified firearms" under Section 4A of the Firearms Act.

Possession of any of these without a firearms certificate or any lawful justification attracts life imprisonment.

You face the same penalty if, being licensed to carry or trade in such a firearm, you hire it out or unlawfully permit another person to take possession of or use it in organised criminal activities.

Some licensed firearm holders are known to misuse them or even brandish them in bars and other social places at the slightest provocation. Section 33 of the Firearms Act states that any person who is drunk, or who behaves in a disorderly manner, while carrying a firearm shall be guilty of an offence and liable to imprisonment for up to one year or up to Sh10,000 fine or both.

Section 34(1) provides that any person who uses or attempts to use a firearm or even an imitation of a gun with intent to commit any crime shall be guilty of an offence and liable to not less than seven years and not more than 15 years in jail.

If you have already committed the crime, then this sentence shall be added to any other penalty you face for that crime.

That is the law.