Lady Wanjiru Karanja, a judge at the court of appeal, on Monday April 23, opted out from hearing an appeal filed by the Director of Public Prosecutions thus forcing the case to be rescheduled for hearing by another judge.
The DPP’s petition was challenging a high court’s ruling to stop the state from arresting and persecuting Mombasa governor Hassan Joho over his academic qualifications.
The judge disqualified herself from hearing the appeal leading to closing of the case which had been fixed for hearing on Monday.
The court suggested that the parties entangled in the case should take another date for hearing the appeal at the registry.
According to the DPP the judgement issued by Justice Eric Ogola should be reversed and set aside as it lacked merit and substantial proof against the petition.
The judge said that the investigations were not timely and were politically influenced thus the intended prosecution against Governor Joho was not in accordance with constitutional values.
He wondered why this complaint over the said forged examination result slip for Joho was made this year whereas there was a similar complaint over forged degree certificate made in 2013.
“Why did the complainant make the complaint in 2013……this to court seems mischievous.”Justice said.
In his appeal,the DPP said Justice Ogola was wrong according to the law by considering serious matters like the status of Governor Joho being the governor thus arrived at a wrong decision.
He also stated that the Judge misdirected himself in saying that Joho was being discriminated against due to his political views that were not pleaded or conversed before him by either parties.
The Kenya National Examination Council(KNEC) said that the certificates showing that Joho attained a C+ in 1992 was fake including claims that he gained entry at the university of Nairobi,dropped studies before he transferred to Kampala International University using forged results.