Case challenging Joho’s academic papers to continue in Mombasa

A petition challenging the credibility of Mombasa governor’s academic qualifications will now be heard in Mombasa.

The High Court Wednesday dismissed an application that had sought to have the petition transferred to Nairobi to be consolidated with a similar one.

“In protecting the petitioner’s right to a fair hearing and in the interest of expeditious disposal of the petition herein, the court declines the application for transfer of the suit to the Constitutional and Human Rights division,” Mr Justice Edward Muriithi said.

The application to have the petition against Mr Hassan Joho and the electoral commission transferred to Nairobi had been filed by his deputy, Ms Hazel Katana.

The electoral commission, which also supported the application, argued there was no need to have two cases with similar issues in different courts as there could be a possible outcome of two conflicting decisions over the same dispute by courts of concurrent jurisdiction.

But the petitioner, Mr Silas Otuke, argued the two cases were filed separately by different people. In addition, Mr Otuke said he had already annexed the case in Nairobi in his application.

In his main petition, Mr Otuke claims Mr Joho was not a holder of a degree issued by a recognised university and was therefore unlawfully elected to his position.

As such, he wants Mr Joho’s position and that of his deputy declared vacant and a fresh maintains that he is a holder of a Business Administration degree from Kampala University.

TAKE HEARING DATES

In the Nairobi case, petitioner Janet Mbete accuses Mr Joho of perjury in respect to a case filed last year challenging his academic qualifications.

Parties were directed to consult and take hearing dates at the registry.