Court reschedules hearing of Joho's 'fake papers' trial
Mombasa Governor Hassan Joho sips coffee at the annual Eid Baraza in Mombasa on June 26, 2017. A hearing on Mr Joho's petition challenging a probe into his allegedly forged examination result slip has been put off. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP
What you need to know:
- Senior Assistant Director of Public Prosecutions (DPP) Alexander Muteti did not object to the application.
- Justice Ogola ordered Mr Boinnet to reinstate police guards assigned to Mr Joho.
A petition by Mombasa Governor Hassan Joho challenging investigations into his allegedly forged examination result slip has failed to proceed for a hearing.
The court heard on Friday that Mr Joho’s lead lawyer James Orengo was appearing before a three-judge bench in Nairobi in a case in which the National Super Alliance (Nasa) has sued the Independent Electoral and Boundaries Commission over a tender for printing ballot papers.
Hence, lawyers Julie Soweto and Dennis Mosota, who are also representing the governor, sought an adjournment.
"The matter is being heard today. We are seeking an adjournment," Ms Soweto told Judge Eric Ogola in Mombasa.
GENERAL ELECTION
Senior Assistant Director of Public Prosecutions (DPP) Alexander Muteti did not object to the application.
"Both this matter and the three-judge bench concern the General Election.
"However, the matter in Nairobi is much more urgent and on that ground I will not object to the adjournment," Mr Muteti said.
REQUEST GRANTED
Mr Muteti also informed Judge Ogola that Mr Orengo had called him to express his "predicament" and that he heard written a letter concerning the issue.
"Pursuant to the submissions, I allow the adjournment of the matter," the judge said in his brief order.
Mr Joho is currently enjoying orders issued by the court restraining the police and the DPP from arresting, charging and prosecuting him over the legality of his academic documents.
The orders were issued pending the hearing and determination of the petition by the governor, who has sued Inspector-General of Police Joseph Boinnet, Director of Criminal Investigations Ndegwa Muhoro, DPP Keriako Tobiko and Attorney-General Githu Muigai.
PROBE TO CONTINUE
Justice Ogola also ordered Mr Boinnet to reinstate police guards assigned to Mr Joho by virtue of his position as governor.
State agencies were also warned against harassing and intimidating the county boss.
However, the judge did not stop the agencies from proceeding with investigations.
NO RESPONSE
In an affidavit in response to Mr Joho's petition, Corporal Moses Gituathi said the governor did not provide a statement to the police following summons against him after he was informed of the purpose of the investigation.
Corporal Gituathi of the Directorate of Criminal Investigations said Mr Joho is entitled by law to "remain silent" and is under no obligation to assist police in investigations.
"In the absence of any explanation or response from him, I am convinced that there is sufficient material to seek advice from the Director of Public Prosecutions as to whether prosecution should ensue," he said.
RESULT SLIP
He stated that he has studied documents filed by the governor and noted that he seeks protection against possible prosecution in connection with the alleged forgery of the 1993 KCSE examination result slip.
The petition has been fixed for a hearing on July 20.
