Reopen probe of Joho’s degree, says DPP

The DPP has appealed against a court order barring the state from probing Mombasa Governor Ali Hassan Joho's academic papers.

Joho had sued the office of the DPP, the Inspector General of Police and the DCI for harassment and threats.

He wanted the court to bar his probing, arrest or prosecution.

In October last year, Justice Erick Ogola ruled that the investigations were meant to discredit the governor, adding the investigations were untimely.

The judge said the matter was influenced by President Uhuru Kenyatta's utterances about Joho.

He also questioned the timing of the investigation, considering that Joho faced similar opposition before the 2013 General Election.

But Mombasa assistant DPP Alexander Muteti said the judge misdirected himself by considering the status of Joho as the governor.

He said the judge ought to have considered him as normal citizen, thus avoiding to arrive at the wrong decision in law.

Muteti further accused the judge of misdirecting himself by declaring that the DPP, DCI, IG and AG launched the investigations on directions of the President.

He further said Ogola misconstrued the purpose of the investigations as being geared towards stopping the governor from defending his seat in August 8 General Election last year.

Muteti said the High Court erred in accusing the DPP, KRA among other agencies, for swinging into action against Joho without proper evidence.

The investigations on Joho's academic papers were not in any way influenced by his political stand contrary to what the judge had said during the judgment, he said.

Joho was perceived to be a critic of the Uhuru administration. He was barred from attending some state functions.

He said the court erred by prohibiting the DPP from exercising his constitutional powers without evidence that he had abused his powers.

Muteti informed the three-judge bench the judge arrogated himself powers to presume that the DPP will sanction the prosecution of the governor.

Appellate judges Alnashir Visram, Martha Koome and Wanjiru Karanja ordered the DPP to serve the other parties within 14 days.

Joho is also expected to respond to the appeal in 14 days.