On November 15 2019, at the Milimani Magistrates Court before Senior Principal Magistrate Martha Mutuku, the republic continued its quest to nail suspected criminal Dhiren Samji Patel.
The 27 year old businessman is being charged with possession of a firearm contrary to Section 4 (1) as read with Section 4(2)(a) of the Firearms act.
Section 4 (1) of the act proscribes a person from purchasing, acquiring or having within their possession any firearm or ammunition unless they hold a valid firearm certificate.
The accused is further being charged with several other counts. He is accused of being in possession of ammunition without a firearm certificates as well as forging a document with intent to deceive contrary to Section 347 as read with Section 348 of the Penal code.
The intricacies of this case is that on July 20, 2018 at Balle Balle club in Parklands, the accused was found in possession of a Smith and Wesson pistol (serial No. HDS5632) designed to chamber and fire caliber .9 mm ammunition. The pistol was in a good general mechanical condition and also complete in all its complement part including an eight rounds detachable box magazine.
The accused was without a valid firearms certificate. He was also found in possession of 8 love ammunition .9 mm and 42 live ammunition .9 mm. The latter ammunition were discovered on on August 1 , 2018 after a further search by the Investigating officer in the accused house which is located at Kisumu Villas in Kisumu.
The accused is further said to have forged a document (firearms certificate No. 12256) without lawful authority or excuse and purporting it to be genuinely issued by the Chief Licencing Officer of the Firearms licencing board.
Balle Balle club is infamous for human trafficking. Previously its owners (Shaikh Furqan Hussain and Abdul Waheed Khan, the co-proprietor and operator of the club respectively) were arraigned in court over allegations of human trafficking. The two were accused of trafficking 8 Nepalese girls and one Pakistani for purposes of exploitation.
Pursuant to the above case, the accused was a victim of circumstances in that on the day which he was nabbed, the police went to Balle Balle for a different purpose -investigating the case of human trafficking. It is during a search of the premises and a search of everyone in the club that the accused was caught.
The investigating officer informed the court that on the specific day he was dressed as a civilian when he entered the Club. Upon entering the premises, all the showgirls ran away when they were tipped that police officers dressed as civilians had entered the premise.
The Investigating Officer had also been accompanied by local police who were uniformed. The Investigating officer reckoned that the accused person was not a proprietor of the establishment.
During the raid, four revelers had been arrested.
An expert witness- Forensic ballistics examiner confirmed that she had tested the firearm and the ammunition in conducting the Forensic firearm examination.
In the hearing, the Counsel for the Defendant tried discrediting an expert witness report. However, Hon. Martha Mutuku dismissed the counsel. She averred that as per the rules of evidence an expert witness could not be discredited.
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