The Director of Public Prosecution (DPP) has appealed against a court order barring the State from probing Mombasa Governor Ali Hassan Joho’s academic papers.
This comes even after the Orange Democrative Movement (ODM) party,led by leader Raila Odinga and President Uhuru Kenyatta buried the hatchet and struck a deal of uniting Kenya.
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In October last year, Justice Erick Ogola dismissed the case ,ruling that probe were meant to discredit the governor, adding the investigations were untimely.
The judge indicated the matter was influenced by President Kenyatta’s utterances about Joho and was purely a fishing expedition.
He also questioned the timing of the investigation, considering that Joho faced similar opposition before the 2013 General Election.
But Mombasa assistant DPP Alexander Muteti said the judge misdirected himself by considering the status of Joho as the governor.
He said the judge ought to have considered him as normal citizen, thus avoiding to arrive at the wrong decision in law.
Muteti further accused the judge of misdirecting himself by declaring that the DPP, DCI, IG and AG launched the investigations on directions of the President.
He further said Ogola misconstrued the purpose of the investigations as being geared towards stopping the governor from defending his seat in August 8 General Election 2017.
Joho was perceived to be a critic of the Uhuru administration. He was barred from attending some state functions.
Npw,Appellate judges Alnashir Visram, Martha Koome and Wanjiru Karanja ordered the DPP to serve the other parties within 14 days.
Joho is also expected to respond to the appeal in 14 days.
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