Kenya's temporary ban on gun licenses sparks debate

Kenya's continued freeze on issuing firearms licenses to civilians is stirring public debate, with some applicants arguing the review of the licensing process is taking too long and endangers their lives and property.

When the firearms licensing office in Nairobi was closed in May 2013, Inspector General of Police David Kimaiyo said it was a temporary move to enable the government to carry out reforms and take a fresh look at background checks on current firearm license holders.

Gun license applicants now want the moratorium lifted, saying its continuation penalises them for the errors of licensing officials who should be held accountable for their actions.

But Cabinet Secretary for Interior and Co-ordination of National Government Joseph Ole Lenku said the government will not bow to pressure to lift the ban until it is satisfied that the integrity of the licensing process is not compromised.

"There are way too many guns in the wrong hands which is a worrying trend and a threat to the security of the country," he told Sabahi.

The rising number of licensed guns in civilian hands is cause for alarm, Lenku said, adding that government officials fear the weapons are accessible to criminals.

A review of background checks have raised a red flag on a number of current firearm owners, he said, and intelligence reports show some of these guns may have been used to commit crimes.

"Obviously we have found ourselves in this situation because of corrupt practices in the licensing process, but we are righting the mistake," Lenku said. "To fix the problem comprehensively, a total overhaul of the firearm licensing process and a fresh look at the catalogue of current registered owners was necessary."

Licensing process under review

The review is being conducted by Criminal Investigation Department (CID) officers who will provide the government with a detailed report after they complete their work, expected by the end of the year, Lenku said.

The report will identify gun owners and review their individual background checks and medical records, how they received their license and for what purpose, and log which guns they own, how they have been used and how they are stored, he said.

Under the previously established firearm licensing process, applicants must present a valid certificate of good conduct from the CID and a copy of their identity card to the Officer Commanding Police Division, who then presents the application to the District Security Committee with a recommendation.

The application is then forwarded to the Provincial Security Committee, which reviews it and makes its recommendations to the Inspector General of Police, who issues the final decision.

The Inspector General of Police then sends the paperwork to the head of the licensing office in Nairobi, who informs the applicant in writing if their application has been accepted or denied.

However, ever since provincial administration was eliminated with the implementation of Kenya's 2010 constitution, there has been kink in the gun licensing chain of command as the district and provincial security committees have been dissolved and can no longer be part of the process.

Kenyans mixed on security concerns

Some Kenyans are calling for the temporary ban on firearm licencing to be lifted, expressing concerns about personal safety and protection of property.

Mwenda Mbijiwe, chief executive officer of Nairobi-based private security firm Eye On Security, said the government is punishing the wrong people by indefinitely suspending the licensing of firearms.

"The people the government should go after are its employees who issued gun licenses to undeserving people because of corruption or political patronage," Mbijiwe said.

"Take for example my case. My life is constantly in danger because of the nature of the work I do," he told Sabahi. "That is why I applied for a firearm back in 2010, but despite following all due process, nothing has materialised and my subsequent follow ups are always met with 'just wait'."

At the same time, he said, police are not able to guarantee security for all Kenyans.

"Ideally, civilians possessing guns should not be an issue because our legislation on legal gun control is relatively strict," he said, advising the authorities to worry more about unlicensed guns falling into the wrong hands.

"To deny people this right just because of a few instances of gun misuse or fears that too many guns will foment insecurity does not make sense, because as witnessed during Westgate mall attack in September last year … lives were saved by civilians with guns who joined security agencies, and indeed, many were first responders before police arrived," Mbijiwe said.

But Lydia Kananu, 50, owner of Sunrise mini-supermarket in Nairobi's Kayole estate, said arming citizens is a recipe for disaster.

People behave erratically and no one can correctly predict their reactions should they come under threat, either real or imagined, she said.

"The more guns we will have on our streets or in our homes, the more this will [increase the number] of trigger-happy owners misusing them," she told Sabahi, adding that there is "a professional police service adequately providing security for all Kenyans".

David Kamau, 34, a customer service executive with the Safaricom telecommunications company, said guns give people a false sense of security.

"They make civilians more prone to taking the law into their own hands and this may lead to their injury, death or hurting the innocent should the gun owner panic and miscalculate the threat," he told Sabahi.

University of Nairobi engineering student Geoffrey Ntala, 24, also said he supports the freeze on issuing gun licences.

"Guns are not toys to be owned by anyone who has money to purchase them," he told Sabahi. "They are instruments of death and should be an exclusive [tool used by] security forces or trained bodyguards."

Ntala said thousands of illegal firearms are fuelling insecurity around the country. "The government should not compound the problem by making it easier through lenient vetting processes for civilians to own guns," he said.

Nairobi real estate broker Pius Momanyi, 61, said he applied for a gun license in February, but has yet to receive a permit.

Owning a firearm should not be a privilege for a few well-connected individuals, he said, "neither should it be seen as a recipe for disaster, as long as a holder adheres to strict rules".

Kimaiyo promises tough restrictions on firearms permits

For his part, Inspector General of Police David Kimaiyo said that after the review is completed and the temporary ban on gun licensing is rescinded, only a few deserving cases will be approved for a firearm permit.

"As I have always maintained, the more privately held firearms there are in this country, the more there will be cases of misuse, and they will present a challenge for security agents to keep tabs on registered owners," he told Sabahi, urging civilians to trust police with their safety instead of rushing to own guns.

Nonetheless, Nairobi petrol station owner John Mutuma, 57, said thwarting those who wish to legally own a firearm will push them to the black market, making it more difficult for police to track the guns.

"The more fiercely we restrict private gun ownership in this country, the more armed crime there will be, and the more the already strained police will struggle to maintain law and order," he said.

Mutuma said he applied for a gun license in June after three men waylaid him on his way to a bank and stole 760,000 shillings ($8,500).

"The police took almost an hour to respond to my distress call, so I think guns in hands of responsible, law-abiding citizens would be a deterrent and change the behaviour of criminals," he said.

If police remain slow to respond and only a few civilians are allowed to own guns legally, criminals will feel empowered "because they know they are not likely to face any armed resistance", Mutuma said.