Hassan Joho's degree saga re-emerges as DPP Tobiko orders fresh probe

NAIROBI, KENYA: The Director of Public Prosecutions (DPP) has ordered fresh investigations into the authenticity of Mombasa Governor Hassan Ali Joho's degree from Kampala University, Uganda.

Keriako Tobiko directed the Directorate of Criminal Investigations (DCI) to launch a new probe citing fresh claims questioning the academic certificate's legitimacy.

Mr Tobiko said Silas Otuke, the director of Youth Leadership for Democratic Governance and Guidance, had filed fresh claims on the degree's authenticity. Mr Otuke has been questioning Joho's degree and participation in the March 4, 2013 election.

In a letter dated November 5, Tobiko told DCI Director Ndegwa Muhoro that Otuke visited his office on Tuesday and tendered a letter containing additional allegations and documents relating to the saga.

"Having perused the said letter and the accompanying dossier, I am satisfied and I do hereby direct that investigations into the above-captioned matter be re-opened and that a fresh, speedy and thorough inquiry be conducted into the matter and on completion thereof, the inquiry file be submitted to this office for appropriate action," said Tobiko.

He also ordered that Otuke records his statement with the DCI and produce whatever evidence he has in support of his allegations.

The DPP said the previous investigations into the saga had been closed with no further police action for lack of evidence.

The matter came up two weeks after a court in Mombasa dismissed a petition challenging the degree certificate's validity.

A three-judge bench ruled that the case was premature because petitioners did not exhaust all other constitutional mechanisms to determine the validity of the degree.

The bench was constituted by Chief Justice Willy Mutunga to deliver a ruling on a preliminary objection raised by deputy Governor Hazel Katana.

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The petitioners had argued that Joho's degree, which he used to secure clearance to vie for the gubernatorial seat, was invalid. The institution has previously defended the degree saying it is authentic.

After the ruling, a high court in Kampala also overturned a decision to cancel his degree.

In April, the Uganda National Council of Higher Education had cancelled Joho's degree, prompting Kampala University, which awarded the degree, to seek judicial review insisting the team had no powers to annul it.

Justice Stephen Musota ruled that the council had no jurisdiction to either recall or decide over any degree awarded by any university in Uganda. He also found that the council acted illegally in the cancellation.

"The decision was reached in contempt of a court order and without giving any of the affected parties an opportunity of being heard, contrary to the rules of natural justice," said the judge.

He added: "The court has also stopped the council from using the decision contained in any manner harmful to the applicant."