Prosecutor to appeal court order stopping arrest of Joho

The Director of Public Prosecutions has filed a Notice of Appeal against a decision by the High Court restraining him and the police from arresting, charging and prosecuting Mombasa Governor Ali Hassan Joho over forged exam results.

According to the notice filed by Senior Assistant DPP Alexander Muteti, the prosecutor’s office, Inspector-General of Police and Director of Criminal Investigation intend to challenge in the Court of Appeal last week’s ruling by Justice Eric Ogola.

The judge issued the orders pending the hearing and determination of a petition by Mr Joho against the IG, DCI, DPP and Attorney-General.

Justice Ogola also ordered the IGP to reinstate police guards assigned to Mr Joho by virtue of his position as a duly elected governor.

He directed the State agencies not to harass and intimidate the governor.

However, the court did not stop the agencies from continuing with their investigations against Mr Joho, although the judge observed that any further probe on the governor amounted to malice.

The judge said the court did not accept that utterances attributed to President Uhuru Kenyatta were meant to harass the governor, saying they were political. But he said the words may have had an effect on State actors, including the police, noting that there had been fresh investigations and withdrawal of bodyguards.

“Why the flurry of investigations and why now?” Justice Ogola asked. “The respondents misinterpreted the President’s utterances.”

He added that what the President is alleged to have uttered has not been denied and what matters is the context in which they were made.

Through Senior Counsel James Orengo and lawyers Dennis Mosota and Julie Soweto, Mr Joho said the issues against him have been investigated and decisions made in various courts.