High Court stops arrest, prosecution of Hassan Joho

High Court stops arrest, prosecution of Hassan Joho

What you need to know:

  • The orders were issued pending the hearing and determination of an application by Mr Joho, who has sued the Inspector-General of Police, Director of Criminal Investigation, Director of Public Prosecutions and Attorney-General.

  • Mr Joho made the application on the grounds that he is apprehensive that there is a sustained and malicious effort by various state agencies acting at the instigation of the President's perceived arbitrary threat to him with a view to harming him.

  • Mr Joho says he believes lawsuits filed against him since 2013 have been at the behest of various state agencies with the intention of locking him out of public office.

Mombasa Governor Hassan Joho has obtained orders stopping the police and the Director of Public Prosecutions from arresting, charging and prosecuting him.

Justice Eric Ogolla on Friday issued the orders in respect to any matters under investigations by the Kenya Revenue Authority, Kenya National Examinations Council and Directorate of Criminal Investigations.

KRA BARRED

The court also barred the three State agencies from "further interfering in Governor Joho’s constitutional rights".

The orders were issued pending the hearing and determination of an application by Mr Joho, who has sued the Inspector-General of Police, Director of Criminal Investigation, Director of Public Prosecutions and Attorney-General.

The court also restrained the respondents from arresting, harassing, intimidating and questioning Mr Joho on any matter concerning his academic qualifications or on account of any investigations relating to an alleged forgery of his 1992 KCSE result slip.

In granting the orders, the judge, who certified the application as urgent, said it disclosed an intention to destroy Mr Joho’s governorship.

DAMAGE

“There is disclosure that if the respondents may charge (Mr Joho), he may lose his dignity as a governor and injure his political image,” said Justice Ogolla, who added that the application painted a grim picture of Mr Joho.

Through lawyers James Orengo and Dennis Mosota, Mr Joho argued that the accusations levelled against him have been investigated and decisions made in various courts.

Mr Orengo told the court that the governor had been called by police to record a statement but he was made to record it under caution.

Mr Joho made the application on the grounds that he is apprehensive that there is a sustained and malicious effort by various state agencies acting at the instigation of the President's perceived arbitrary threat to him with a view to harming him.

“The actions of the State agencies that have swung into action in disregard of their independence and set various processes in motion against the applicant amount to abuse of public office for collateral purposes activated by malice and in excess of lawful authority,” reads the application in part.

Mr Joho claims he stands to suffer irreparable damage and prejudice unless the court steps in to check what he sees as infractions occasioned to him.

ACCOUNTS

In his affidavit, Mr Joho says that on March 13, President Kenyatta, while relaunching the Mtongwe Ferry Services, publicly threatened him.

He further stated that he was physically blocked by the police from going through a roadblock and asked to go back home — an action he says was meant to unlawfully prevent him from accessing his office or attending the public function.

“I was subjected to a number of incidents from various state agencies which I believe were all intended to harass and intimidate me,” said Mr Joho.

He claims that from 2013 to date, he has been subjected to a series of lawsuits and investigations purporting to challenge his academic qualifications.

Mr Joho says he believes the lawsuits were at the behest of various state agencies with the intention of locking him out of public office.

The court directed the case to be heard inter-partes on April 13.

On Thursday, the Kenya Revenue Authority obtained a court order barring Mr Joho from transferring or withdrawing money from his CFC Stanbic Bank account to allow the tax agency to carry out an assessment of his tax returns.