The High Court has handed Mombasa Governor Hassan Joho a major reprieve after it granted him his plea to stop his arrest and prosecution for allegedly forging his academic papers.
While granting Joho his prayers, the court said that the Director of Public Prosecutions, Inspector General and Directorate of Criminal Investigations violated the governor's constitutional rights over the issue.
"Joho's rights were violated, abused and breached,"
In his ruling, Justice Erick Ogola said the DCI was out of order for using State powers to abuse, breach and violate Joho’s rights. He also accused security apparatus of delaying to investigate Joho's Kenya Certificate of Secondary Education (KCSE) certificate.
"The state agencies coming after Joho...seem to be nyorosha-ing
(disciplining) him," Ogola added.
He further noted that security agents went beyond their powers in withdrawing the governor's security detail and freezing his bank accounts.
The judge also raised questions on the timing of the investigation, when a similar similar complaints had been filed in 2013 by the same person.
Joho had taken the DPP, the Inspector General of Police and the DCI to court, claiming they harassed and issued threats to him, and sought to compel the court to bar them from arresting or prosecution him.
In a recorded statement at Mombasa DCI headquarters, Joho disowned a KCSE result slip under investigations, insisting he scored D- (minus) during the 1993 exam at Serani secondary school.