- He said there was an ulterior motive behind the intended prosecution of Mr Joho.
- Justice Ogola directed them to file a formal application for stay within the next 14 days.
The State has been stopped from arresting and prosecuting Mombasa Governor Hassan Joho over his academic credentials.
The High Court further stopped police, the Director of Public Prosecutions and the Attorney General from continued harassment of the ODM deputy party leader concerning the papers.
According to the High Court, the State violated Mr Joho’s rights by starting fresh investigations into his academic credentials.
Justice Eric Ogola on Thursday ruled that the investigations were ill timed, politically instigated and that the intended prosecution against the governor was not consistent with constitutional values.
He wondered why a complaint against Mr Joho over an alleged forged examination result slip was made this year yet there was a similar complaint on fraudulent acquisition of a degree certificate made in 2013.
“Why did the complainant make the complaint in 2013…this to court seems mischievous,” said Justice Ogola adding that threats to arrest Mr Joho are political.
The judge noted that the petitioner is a governor and investigations against him had been conducted over four years ago and he has not been charged.
He said there was an ulterior motive behind the intended prosecution of Mr Joho, to make him not to contest the gubernatorial election.