Mombasa Governor Ali Hassan Joho and Changamwe Member of the County Assembly Bernad Ogutu have received temporary respite from a 6-month prison sentence.
Joho's lawyer, when he appeared before Justice Sila Munyao of the Environment and Land Court in Mombasa argued that the governor was not duly served with contempt papers as claimed by Doshi’s lawyer Willis Oluga on March 6, 2019.
According to the constitution, contempt of court orders attracts a fine of not more than Ksh200,000 or a jail term of a period not exceeding six months.
The High Court in Mombasa had found Mombasa Governor Hasan Joho guilty of contempt of court after he demolished a multi-million property belonging to Mombasa tycoon Ashok Doshi against previous orders.
Though Joho accused the businessman of grabbing land from Changamwe Primary School, the courts had ordered the county government not to demolish the property.
Justice Sila ordered Joho to appear before him before his sentencing for six months in civil jail.
However, on March 3, 2020, the judge gave the two reprive, stating a number of reasons from the accused lawyer's submission.
"An application by Joho gave a principal reason that he was never served and on that, I issue a temporary reprieve until a date that I will give," the judge advised.
"State of case hearing is temporarily held till March 11, 2020," ruled Justice Munyao in light of Ogutu's absence.
Joho's co-accused failed to show up in court on March 3, 2020, and his lawyer explained that the legislator was sick.
Justice Munyao stated that he had gone through the medical records filed and was convinced they were valid.
"Bernard Ogutu's treatment record is true and his mitigation is on account of illness, " the judge concluded.
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