Mombasa assistant DPP Alexander Muteti has appealed against a court order issued by the court barring the state from probing Mombasa Governor Ali Hassan Joho’s academic papers.
Last year, Joho sued the office of the DPP, the Inspector General of Police Joseph Boinett and the DCI for alleged harassment and threats following claims he forged his academic papers.
The Mombasa Governor asked the court through Justice Erick Ogola to bar the state from investigating the matter and arresting and prosecuting him over the same.
Justice Ogola granted the orders citing the probe was meant to discredit the Governor and that it was untimely given that he matter came just when the general elections were nearing.
The Judge according to the Star added that the probe was fueled by utterances made by President Uhuru Kenyatta against Joho when the two clashed in Mombasa.
Now, Muteti in his submission to Appellate judges Alnashir Visram, Martha Koome and Wanjiru Karanja wants the orders quashed and the probe begins afresh.
In his submissions, he says that the judge’s orders were void that the case involved a Kenyan citizen besides fact that he is an elected governor.
He faulted Justice Ogola stating he misdirected himself when he declared that the DPP, DCI, IG and AG launched the investigations on directions of the President.
Muteti said the aim of the probe on claims of forgery by the governor were not in any way a ploy to stop Joho from vying in the August 8 polls as the judge construed it.
The assistant DPP noted the investigations into Joho’s academic papers were not inspired by the fact he belongs to the opposition.
He further faulted the court for barring the DPP from carrying his constitutional mandate of probing the matter on account that he abused his powers.
The three-judge bench directed Muteti to serve other parties including Joho within 14 days.