Man arrested with pistol without license jailed for 7 years
A court has sentenced to seven years in jail a man found with a pistol loaded with three bullets at Merti Police station, Isiolo County.
Mohamed Abdi Erbo, a father of five, was on Wednesday found guilty of being in possession of the firearm and the 9mm inch caliber ammunition, without firearm certificates.
The accused was arrested in the company of Shukri Amani on the night of March 22, 2019 along Moyale-Wajir-Merti road while riding on two motorbikes loaded with 30 kilograms of bhang worth Sh600, 000. The two are facing the drug trafficking charges in a separate case.
Police officers, tipped by members of the public, carried out a search on the motorbikes and found the Turkey-made firearm with three rounds of ammunition tucked under Mr Erbo’s bike seat.
A ballistic report presented in court showed that the gun was mechanically ready to fire.
FRAMED
Mr Erbo admitted that he was the one riding the motorbike from which the pistol was recovered but claimed that he was framed by police officers but did not specify who they were.
“I am an orphan and the bread winner for my five children,” the accused said, pleading for leniency before the judgment was handed down.
In his ruling, Chief Magistrate Samuel Mungai noted that many lives had been lost due to illegal possession of firearms and a deterrent sentence was necessary as the court had the duty to ensure such is imposed.
Mr Mungai termed the defence by the accused as a pack of lies and dismissed his claim that he had been framed by police officers at Merti station.
“The court has noted the accused mitigation and that he is a first offender but finds him guilty of both counts owing to the corroboration in the evidence presented,” Mr Mungai ruled.
The accused was sentenced to seven and five years’ imprisonment for first and second counts respectively that will run concurrently.
The court ordered that the firearm and ammunition be forfeited to the State.