The State has maintained that investigations into the alleged KCSE exam result slip forgery against Mombasa Governor Hassan Joho is nothing political, but a “normal” police probe.
“The order to investigate claims Joho had forged 1993 KCSE result slip of grade C+ is a constitutional duty of the police after a complaint was raised against him by his accuser,” Senior Assistant Director of Public Prosecutions Alex Muteti told the High Court in Mombasa Friday.
Joho has petitioned the High Court to find that he has undergone sustained State persecution and his constitutional rights violated when the State launched investigations on his academic, tax and birth records.
The State claims the vocal governor forged a Kenya Certificate of Secondary of Education (KCSE) certificate for 1992 to gain admission to the University of Nairobi, claims Joho denies. He says he sat the examination in 1993 and joined Kampala University in Uganda.
Joho’s lawyer James Orengo told Justice Erick Ogola that the governor was a victim of harassment, following President Uhuru Kenyatta’s threat against him.
But Muteti defended the President from the accusation, saying he had nothing to do with the investigation on Joho. The prosecutor also dismissed claims that Inspector General of Police Joseph Boinnet had ordered the investigation after taking orders from President Kenyatta.
The DPP also dismissed claims that the State had an ulterior motive against Joho, saying the police had not tendered any evidence to warrant any charge to be brought against the governor.
“I have not seen any ulterior motive in this matter and at this stage the question of the removal of the governor from participating in the General Election does not arise,” said Muteti.
He said when the police will establish reasonable suspicion that Joho had forged the result slip, they will charge him and the DPP will decide on whether there is enough evidence to sustain the charge.
Muteti asked the court to dismiss Joho’s application to stop the investigation on him.