Petitioner to appeal ruling on Hassan Joho case
Mombasa Governor Hassan Joho with supporters outside the Mombasa Law Courts on October 15, 2014 after a hearing of petitioner Silas Otuke's case challenging the governor's academic credentials. PHOTO | KEVIN ODIT |
What you need to know:
- Mr Silas Otuke filed a notice of appeal last week to challenge the striking out of his petition.
- Mr Otuke filed the constitutional petition last year, claiming that Mr Joho does not hold a degree.
A voter who challenged the academic qualifications of Mombasa Governor Hassan Joho, but lost the case, is challenging the ruling.
Mr Silas Otuke filed a notice of appeal last week to challenge the striking out of his petition, terming it as an abuse of the court process.
“Take notice that the petitioner herein being dissatisfied with the ruling of the court delivered on October 16, intends to appeal to the Court of Appeal against the decision,” the notice states.
Mr Otuke filed the constitutional petition last year, claiming that Mr Joho does not hold a degree from any recognised university, and, therefore, did not qualify to be a governor.
But Justices Christine Meoli, Edward Muriithi and Martin Muya declared the petition immature, saying the petitioner ought to have followed the correct procedure while filing the case.
However, the judges said the petitioner could still pursue the case through other means, but not through a constitutional petition such as the one he had filed.
The court told him he should have sought redress from institutions such as criminal investigation and public prosecutions.
