Mombasa governor Ali Hassan Joho is in a big trouble.
The county chief on Tuesday April 28 received a blow after the Mombasa High Court dismissed his application asking to be spared a jail sentence for demolishing a multi-million property in Changamwe.
In a case that was heard via a video link, Justice Sila Munyao said records in court proved the governor was aware of the injunctive court orders barring the demolition of property belonging to Mombasa tycoon Ashok Doshi.
Munyao ruled Joho was well represented by his lawyers and had been served with a show cause notice in a letter dated Friday, May 17, 2019.
Joho had filed an application seeking to have Justice Munyao suspend his order dated Wednesday, February 12, 2020, sentencing him to six months in jail after he found him guilty of contempt of court.
Last month, Munyao suspended Joho’s sentencing to allow him submit the application stopping his sentencing.
The judge had found Joho guilty of disobeying Lady Justice Ann Omollo’s orders dated Tuesday, March 6, 2019, stopping the county government of Mombasa from interfering with the said suit through a consent written by him and county government lawyers.
The governor was scheduled to appear before court to mitigate before his sentencing.
Through his lawyer Ali Mohamed, governor Joho argued the application dated Friday, May 17, 2019 was never personally served upon him, and as such, he was a stranger to the proceedings.
Joho said he only got to know he had been held in contempt of court through the mainstream and social media.
He contended he had never disobeyed a court order, and that as a matter of principle, he fully respects the sanctity of the rule of law and all court orders.
Doshi’s lawyer Willis Oluga however, said personal service was not mandatory in such an application and the need for personal service was raised and dismissed in an earlier ruling by Justice Munyao on Wednesday, February 12.
Oluga said one Gordon Odhiambo personally served the ODM deputy party leader with the application dated Friday, May 17,2019.
Munyao dismissed the argument the application dated Friday, May 17, 2019 was defective as it failed to follow the procedure laid down in the judicature act.
In his ruling, the Judge said the acts of disobedience were attributed to the governor as the chief executive of the county.
The judge said Joho actively participated in the application through the county attorney.
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nothing like Justice in Kenya's electoral body.this greediest must vacate the office
Your Comment : I have now believed that we do not have an independent electoral and boundaries commission , instead we have a congregation of greedy individuals out to misuse Kenyans and bring chaos to our country. #Remove them. #clean the top leadership.
Congratulations to Governor Mutua,you really deserve to lead in the best performing governors,,, those ranked last should be dealt with accordingly for misappropriating public funds
Raila was the hunter now the hunted... how do trust a hyena like Uhuru.. You both greedy... you dug your grave lie in it... What handshake.. Crap...
Babu aje zake,handshake is for all Kenyans, and Kibra believe in handshake, there4, Uhuru And Raila should have different candidates and whoever Will go through Will be thé product of handshake
Babu waja ukoloni bwana, there's no direct ticket
Hehehe, supporting somebody was not an agreement in the handshake my friends!! Remember Raila caused many to die during the era of maandamano hence Uhuru devised a method how to tame this power hungry man!! Mariga must win
Your Raila and uhuru come from different political party,. Everyone is free to handle his party issues and i salute the president for supporting mariga being the jubilee candidate. Raila is also supporting the odm candidate and no one is against that. Some people are taking handshake as political party while it's not. Please mr mp style up.
Babu wacha kiherehere or baba will tie u the same tree kidero and obado were rope tied when the latters looked threatening the leadership of baba in nyanza
wacha kiherehere babu