Trouble for Joho as businessman seeks to bar him from public office
ODM leader Raila Odinga with Mombasa Governor Hassan Joho and Mwita MP Abdulswamad Shariff Nassir during the National Hospital Insurance Funds (NHIF) renewal and registration drive for 12,000 Mvita residents at the Treasury Square in Mombasa County on July 3, 2021.
A businessman wants Mombasa Governor Hassan Joho to be barred from holding public office for allegedly breaching Chapter Six of the Constitution.
Ashok Doshi and his wife Pratibha argue that Mr Joho and Changamwe MCA Bernand Ogutu were found guilty of disobeying a court order and fined Sh250,000 and 20,000, respectively,
The convictions, says the petition filed by lawyer Willis Oluga on behalf of the couple, mean that the two have violated the Constitution and are no longer eligible to hold office.
The couple argue that by disobeying a court order, the two leaders failed to demonstrate respect for the people and are not suitable to represent them.
Mr Joho and Mr Ogutu, they argue, are State officers and are bound by the Constitution to discharge their duties by showing good governance, integrity, transparency and accountability.
In May, Mr Joho was fined Sh250,000 and in default serve a 60-day jail term after he was cited for contempt of court for disobeying a court order restraining county officials from trespassing on land belonging to Mr Doshi and his wife.
Justice Sila Munyao of the Environment and Land Court said it was important that a person holding an office like that of governor lead in affirming the rule of law.
The petitioners also say Mr Joho and Mr Ogutu command a huge following and they betrayed public confidence and the integrity of their offices by disobeying a court order.
“The respondents used the power and authority bestowed upon them as Governor and MCA to disregard and disobey a lawful court order,” the petition says.
The couple say Mr Joho and Mr Ogutu trespassed on their property and caused damage and should be declared to have misused and abused their offices and are unfit to hold public office.
They want Justice Eric Ogola to certify that their petition raises substantial questions of law and should be referred to the Chief Justice to appoint a bench of an uneven number of judges to hear it.
