Embattled Mombasa Governor Hassan Joho has obtained court order restraining the government from arresting or charging him over alleged forgery of academic papers.
The court has also ordered the Inspector General of Police Joseph Boinnet to reinstate police guards assigned to Joho by virtue of his position as elected governor.
“Pending the hearing and determination of the application and interim order and is hereby issued directing the first respondent here in to restore or reinstate police guards assigned to the applicant by virtue of his position as a duly elected county governor,” he judge ordered.
The governor has also blocked the Kenya Revenue Authority from arresting , harassing or preferring any criminal charges against him in the ongoing investigations regarding his tax remittances.
The interim orders were issued by Mombasa high court Judge Erick Ogola after Joho through lawyer James Orengo moved to court on Thursday to forestall his eminent arrest and charge in court.
In his orders, Justice Ogola barred Inspector General of Police, Director of Criminal Investigations (DCI), Director of Public Prosecution (DPP) and the Attorney General (AG) who are respondents in his case seeking to stop prosecution on account of ongoing investigations concerning alleged forgery of a 1992 examination result slip in his name.
“Pending the hearing and determination of this application, interim orders be and is hereby issued restraining the respondents whether by themselves or agents and servants and whomsoever acting under their authority nor instruction from charging, prosecution, arrest or continued harassment, questioning, intimidation, apprehension on any matter concerning the applicants academic qualifications or on account of investigations relating to an alleged forgery of a 1992 examination slip in his name,” the judge said.
On Tuesday, Joho was grilled by the police for allegedly forging his KCSE certicicates but has since denied the allegations and accused the government of being behind his latest woes.
He admitted being a holder of a D- (minus) grade which he said he was proud of.
However, on Thurday he suffered a blow after high court in Nairobi stopped him from transferring or withdrawing funds in his CFC Stanbic Bank account to allow KRA probe his tax returns.
Another court in Mombasa has temporarily stopped Kenya Revenue Authority (KRA) from recovering Sh 90 million unpaid tax owed to it by a company associated with the governor.
High Court judge Dorah Chepkwony told said KRA should wait until the matter is determined.
Portside Freight Terminal has moved to court seeking to stop KRA from demanding, collecting or issuing any agency notices for payment of alleged unpaid taxes for years between 2008 and 2012 after the taxman wrote to the company.
