The High Court in Mombasa has issued interim orders stopping the police from arresting, charging and prosecuting Governor Hassan Joho.
Judge Eric Ogolla issued the orders yesterday following an application made by the governor suing Inspector General Joseph Boinnet for “harassing” him over his certificates.
Lawyers James Orengo and Dennis Mosota certified the matter as urgent.
They sought the orders pending hearing and determination of the petition.
In his petition, Joho asked the court to stop the police from charging, arresting and prosecuting him on matters concerning his academic qualifications. The governor fears that if he appears on the dock, the damage would be irreparable.
He also asked the court to stop the police from harassing, questioning and intimidating him. He also made a request pending hearing and determination of his petition that the Inspector General of Police reinstate the police guards assigned to him by virtue of his position as governor.
“An order be issued restraining the police from interfering with my client’s fundamental rights as enshrined in the constitution,” Orengo. Mosota asked the court to consider Joho intends to seek reelection. He also asked the court to stop the police from threatening to arrest him and charge him for allegedly forging his academic certificates.
Joho recorded a statement at the office of the Director of Criminal Investigations on Wednesday.
Other respondents mentioned in the matter include DCI director Ndegwa Muhoro, DPP Keriako Tobiko and AG Githu Muigai.
The application was made on grounds the President during the relaunch of the Mtongwe Ferry publicly threatened Joho.
“Nitamnyorosha, Nitamwangusha, (I will straighten him... I will fell him...,” read part of the petition.
On March 13, heavily armed security personnel, including the regular police and GSU officers, put up road blocks at the Nyali bridge.
Orengo told the court the motive was to stop Joho from attending the relaunch of the Mtongwe Ferry.
“On March 18, while addressing a political rally in Mpeketoni, my client in full glare of the police, was attacked by irate youths chanting pro-government slogans. They threw stones and other weapons at him,” he said. The judge directed the applicant serve all respondents and the hearing was set for April 13.
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