Court grants Joho relief from arrest, prosecution over forgery claims

Justice Ogolla agreed with Joho that the application disclosed intention to destroy the complainant's governorship.


Mombasa Governor Hassan Joho has some breathing room after a court stopped DPP and police from arresting and prosecuting him.

Mombasa High Court Justice Eric Ogolla granted the orders that barred the KNEC, KRA and DCI from interfering with Joho’s constitutional rights.

Joho has been accused of being in possession of a forged KCSE certificate and used it to pursue a degree course at Nairobi University.

The KNEC and DCI conducted the investigations into the forgery claims against Joho.

Joho had gone to court seeking to have the court stop the Inspector-General of Police, Director of Criminal Investigation, the Director of Public Prosecutions as well as the Attorney-General from intimidating him.

He contended that they should be stopped from intimidating, arresting and questioning him over his academic qualifications.

The orders cover any related investigations into the forgery claims.

Justice Ogolla agreed with Joho that the application disclosed intention to destroy the complainant’s governorship.

He then certified the application as urgent.

Siaya Senator James Orengo represented the embattled Governor. He said the constitution guarantees his client fundamental rights which were being infringed on by the police.

Earlier this week, the the Kenya Muslims National Advisory Council accused the government of seeking to “finish Mombasa Governor Hassan Joho like it did the late Ronald Ngala and Karisa Maitha”.

Ngala and Maitha were prominent during the regimes of former Presidents Jomo Kenyatta and Mwai Kibaki respectively where they fought marginalisation and were fierce proponents of the majimbo system.

President Uhuru has been on record saying that he was stamping on Joho.

National chairman Juma Ngao said Ngala and Maitha’s deaths resulted from their firm stands against an “authoritarian state.