Mombasa court stops police from arresting and prosecuting Joho

Governor Joho together with his supporters in the morning before he was grilled by detectives concerning his fake KCSE certificates. PHOTO: COURTESY.

Mombasa, KENYA: Mombasa high court on Friday stopped the police from investigating and arresting Mombasa governor Ali Hassan Joho pending the hearing of an application filed in court.

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

Justice Ogolla further said the court noted that the petitioner is the governor of Mombasa County and arresting him will cause injury to his political career.

“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.

Court also ordered IG Joseph Boinnet to restore and/ or reinstate police guards assigned to him virtue of his position as a duly elected County Governor.

In the petition filed in Mombasa high court on Friday, Joho alleged that he has been subjected to constant harassment,intimidation and oppression by the government.

His lawyer Senator James Orengo told court that Joho feared that he might be arrested after he recorded a statement with the the DCI in Mombasa.

He added that he had been made a target for prosecution and his rights  and freedoms violated, according to the constitution.

Joho further stated that On 20th March 2017, without notice and any lawful justification, Kenya Revenue Authority, through the Commissioners for Investigations and Enforcement wrote to various banks namely, Diamond Trust Bank and CFC Stanbic Bank, where his personal accounts are domiciled, ordering them not to release any funds from his accounts nor allow the him to access the funds.

This directive effectively denied the Applicant access to his funds, which they said he was not given a fair hearing.

On 27th March 2017, the Kenya Revenue Authority moved to the High Court in Nairobi under the Anti-Corruption and Economic Crimes Division  and obtained orders  prohibiting the Applicant from accessing and dealing with funds in his various accounts.

Mombasa governor was on Wednesday grilled for about two hours at Mombasa police headquarters  for allegedly forging a knec result slip.

The case will be heard on 13th April, 2017.