A Court of Appeal judge has opted out of Mombasa Governor Ali Hassan Joho ‘Fake paper case’.
Judge Wanjiru Karanja decided to disqualify herself from the case, which was filed by Director of Public Prosecutions seeking to challenge High Court's decision barring the arrest and prosecution of the second term county boss.
The new development has seen the case, which was supposed to be heard on Monday, adjourned until a later date. The court directed all the parties in the case to fix another date for the hearing of the case against Joho, also ODM deputy Leader.
The refusal of Karanja to hear the case now leaves judges Alnashir Visram (the presiding judge) and Martha Koome on the bench. The DPP is pushing for the reversal of the earlier judgement as issued by Justice Eric Ogola reversed.
Ogola had ruled that the government had violated the rights of the governor by reopening fresh investigations into his academic credentials.
Ogola questioned why the stated did not launch the complaint in 2013 only to wait for him to contest for another term in office before raising the issue.
“Why did the complainant make the complaint in 2013…this to court seems mischievous,” said Justice Ogola.
On his part, Joho has maintained that his academic credentials are legit.