The Director of Public Prosecution has appealed against a court order that barred the state from probing Mombasa Governor Hassan Joho's academic papers.
Mombasa assistant DPP Alexander Muteti stated that the judge misdirected himself by considering the status of Joho as the governor.
Muteti argued that the judge should have considered the Mombasa Gove a nor as normal citizen, to avoid arriving at the wrong decision in law.
He further alleged that the judge of misdirecting himself by declaring that the DPP, DCI, IG and AG launched the investigations on instructions by the President.
[caption caption="Mombasa Governor Hassan Joho"]
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The Mombasa assistant DPP also noted that Justice Erick Ogola misconstrued the purpose of the investigations as being geared towards stopping the governor from defending his seat on August 8 General Election last year.
Joho had sued the office of the DPP, the Inspector General of Police and the DCI for harassment and threats and asked the court to bar his probing, arrest or prosecution.
Muteti stated that Ogola misconstrued the purpose of the investigations as being geared towards stopping the governor from defending his seat on August 8 General Election last year.
The assistant DPP also stated that 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 stated during the judgment," Muteti stated.
[caption caption="Mombasa Governor Hassan Joho"]
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Muteti told the three-judge bench the judge arrogated himself powers to presume that the DPP will sanction the prosecution of the governor.
