A petition by Mombasa Governor Hassan Joho challenging investigations into his allegedly forged examination result slip failed to proceed for a hearing.
The court heard on Friday that Mr Joho’s lead lawyer James Orengo was appearing before a three-judge bench in Nairobi in a case in which the opposition coalition, National Super Alliance (Nasa), has sued the Independent Electoral and Boundaries Commission over a tender for printing of ballot papers.
Hence, lawyers Julie Soweto and Dennis Mosota, who are also representing the governor, sought an adjournment.
“The matter is being heard today. We are seeking for an adjournment,” Ms Soweto told Judge Eric Ogola in Mombasa.
Senior Assistant Director of Public Prosecutions (DPP) Alexander Muteti did not object to the application.
“Both this matter and the three-judge bench concern the General Election.
“However, the matter in Nairobi is much more urgent and on that ground I will not object to the adjournment,” Mr Muteti said.
Mr Muteti also informed Judge Ogola that Mr Orengo had called him to express his “predicament” and also wrote a letter concerning the issue.
“Pursuant to the submissions, I allow the adjournment of the matter,” the judge said in his brief order.
Mr Joho is currently enjoying orders issued by the court restraining the police and the DPP from arresting, charging and prosecuting him over the legality of his academic qualifications.
The orders were issued pending hearing and determination of the petition by the governor, who has sued the Inspector-General of Police Joseph Boinnet, Director of Criminal Investigations Ndegwa Muhoro, DPP Keriako Tobiko and the Attorney General Githu Muigai.
PROBE TO CONTINUE
Justice Ogola also ordered Mr Boinnet to reinstate police guards assigned to Mr Joho by virtue of his governorship position.
State agencies were also warned against harassing and intimidating the county boss.
However, the judge did not stop the agencies from proceeding with investigations.
In an affidavit in response to Mr Joho’s petition, Corporal Moses Gituathi said the governor did not give a statement to the police following summons against him after he was informed of the purpose of the investigation.
Corporal Gituathi of the Directorate of Criminal Investigations said Mr Joho is entitled by law to “remain silent” and is under no duty to assist police in investigations.
“In the absence of any explanation or response from him, I am convinced that there is sufficient material to seek advice from the Director of Public Prosecutions as to whether prosecution should ensue,” he said.
He stated that he has studied documents filed by the Governor and noted that he seeks protection against possible prosecution in connection with the alleged forgery of the 1993 KCSE examination result slip.
The petition has been fixed for hearing on July 20.