The Director of Public Prosecutions and the Police have filed an appeal seeking to challenge the High Court's decision that stopped the arrest and prosecution of Mombasa Governor Hassan Ali Joho.
Through a letter released on Monday, the Senior Assistant DPP Alexander Muteti noted that they intended to appeal at the Court of Appeal against the full decision of Justice Eric Ogola delivered last Thursday.
“Take notice that the Inspector General of Police, Director of Criminal Investigations and the DPP being dissatisfied with the whole decision of Justice Ogola intends to appeal,” part of the letter read.
In his ruling delivered last week, Justice Ogola stated that the investigations into Joho's case was untimely, politically established and that the agenda of the prosecution was not consistent with constitutional values.
He, therefore, stopped the State from arresting and prosecuting Joho concerning the papers.
According to the High Court, the State violated Mr Joho’s rights by starting fresh investigations into his academic credentials.
Justice Ogola pondered why the complaint against Mr Joho over an alleged forged examination result slip was made in 2017, yet there was a similar issue of a fraudulent acquisition of a degree certificate made in 2013.
“The material placed before the court shows a process well-articulated plan to harass and intimidate the petitioner,” stated the judge who allowed the petition by Mr Joho against the State.
He also stated that the government's act of restricting his movement and withdrawing his security showed an element of discrimination and that Joho was being punished for his political views.
In his petition, Mr Joho had sued the Inspector General of Police, Director of Criminal Investigations, Director of Public Prosecution (DPP) and the Attorney General.
