Government appeals Court decision stopping probe into Joho’s certificates

Mombasa Governor Hassan Ali Joho: The state has filed an appeal seeking to overturn last year's High Court ruling that terminated probe into his certificates. [File, Standard]

The state now wants the Court of Appeal to overturn last year's High Court ruling that terminated criminal investigations into Governor Hassan Ali Joho's academic and birth certificates.

Last year Justice Eric Ogola terminated the host of investigations launched by state agencies on Joho's bank accounts, tax records, academic and birth documents after finding the probes were politically-motivated by differences between the governor and President Uhuru Kenyatta.

The judge ruled that inasmuch as courts could not stop state agencies from launching any investigations allowed by statutory power there was reason to believe the simultaneous investigations launched early last year against Joho issued from malice and were also actuated by threats by the head of state.

But the state feels aggrieved and is determined to overturn Justice Ogola's findings.

Senior Assistant Director of Public Prosecution Alex Muteti told Deputy Registrar of Court of Appeal in Mombasa Paul Rotich that he was now ready to proceed with an appeal against the high court judges decision which stopped investigation into Joho’s certificates.

“My appeal is ready and we want to serve Joho and Attorney General within 14 days so that they can respond to our submission before the hearing of the appeal is fixed” said Muteti.

In his ruling Rotich ordered the DPP to serve Joho and Attorney General so that they can also respond within 14 and the DPP to also respond to the

Last year Justice Erick Ogola stopped the police from investigating Joho over claims he had forged a form four certificate he used in enrolling for degree in Nairobi University.

The judge ruled that the DPP started investigating Joho following President Uhuru Kenyatta utterance in a public place and ploy to stop Joho from contesting gubernatorial post during last General Election.

But the DPP says the judge erred in law by holding that that DPP wanted to prevent Joho from contesting the gubernatorial seat without any evidence tendered in the court.

The DPP says the judge should have not arrived at that decision without supporting evidence saying the court brought non-issues in his judgment.

During the application to have the matter fixed for hearing before Court of Appeal judges Rotich ordered Muteti to file his submission and serve Joho to respond within 14 days before the DPP also responded to the reply.

The DPP in the appeal says the judge misdirected himself by concluding that Joho was being discriminated by the state on account of his political views which were not pleaded for.

Last year Justice Ogola said various state agencies that decended on Joho and "fell overhill" investigating every from the governor's academic and birth certificate and tax evasion records were malicious and actuated by ulterior motives.

Investigation tried revive a matter that had already been settle by the High in 2013 when Joho first vied for governorship.

The judge held that there was an escalation of further investigation against Joho because his political stand with a view of charging him tax evasion, forgery of academic which prevented the DPP from carrying its mandate.

The DPP disputed decision of the judge in which he found that the investigation into Joho’s academic took too long raising concern over why the state waited to start the investigation when the election was approaching.

The DPP said the judge misdirected to dismiss their application to have Joho investigated with our regards to the evidential and public interest consideration thereby arrogating himself the power to determine without benefit of examining the investigation file.

The judge misdirected himself in shifting the burden of proof of allegation that the DPP deliberately concealed investigation into KSCE sheet 16032.

The DPP feels that the decision of the court was not good because it would affect government agencies which was not good.