Arrest Joho over forgery claims? Court to decide in two weeks
Mombasa Governor Hassan Joho at the high court in Mombasa on April 13, 2017. The High Court said it will rule on April 26 whether or not to stop police from arresting him. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP
What you need to know:
- Mr Joho urged the court to halt any impending arrest facing him until elections are held and concluded.
- Mr Orengo said that various State agencies have ganged up in a scheme to arrest and prosecute the ODM deputy party leader.
Mombasa Governor Hassan Joho will know whether he will be arrested over his Form Four certificate and tax evasion allegations in two weeks.
The High Court said it will rule on April 26 whether or not to stop police from arresting, charging and prosecuting Mr Joho over his papers.
Justice Eric Ogola also extended an earlier order stopping Inspector-General of Police Joseph Boinnet and Director of Public Prosecutions Keriako Tobiko from prosecuting the governor until the ruling.
Mr Joho, through lawyers James Orengo, Julie Soweto and Dennis Mosoti, told Justice Ogola that the court has inherent judicial powers to stop the IG and the DPP from abusing their constitutional clouts.
POLITICAL ANGLE
Mr Orengo said that various State agencies have ganged up in a scheme to arrest and prosecute the ODM deputy party leader.
In his submission, Mr Joho urged the court to halt any impending arrest facing him until elections are held and concluded on grounds that there are ploys to have him step down.
“This is not a normal police investigation but a quasi-political investigation. No proper foundation for the purported investigations has been laid. There is a direct threat directed at the petitioner,” said Mr Mosoti.
Mr Orengo added: “The alleged investigation is all about Hassan Ali Joho. There is constant dragging of the governor name into many cases, some robbery with violence, anti-corruption, tax evasion.”
LEGAL MANDATE
However, senior assistant DPP Alexander Muteti, principal prosecuting counsel David Ndegwa and senior prosecuting counsel Daniel Wamotsa and senior litigation counsel Nguni Wachira from the AG office, asked the court to disallow Mr Joho’s application.
They said it is wrong for the court to stop investigations unless Mr Joho proves there is ill motive to probe him.
The legal teams submitted that the State agencies have a constitutional mandate to investigate any case and it would be violation of the Constitution to stop them from discharging such functions.
