In Summary
  • Appellate judges Alnashir Visram, Martha Koome and Daniel Musinga directed the parties to book another hearing date.
  • Senior Assistant DPP Alexander Muteti wants his appeal allowed and the judgment by judge Eric Ogola dismissed entirely.

An appeal by the Director of Public Prosecutions (DPP) challenging a decision barring the State from arresting or prosecuting Mombasa Governor Hassan Joho over his academic credentials failed to proceed for hearing.

The Court of Appeal was told that Governor Joho's lawyer, Senior Counsel James Orengo, was handling another case at the Supreme Court.

Appellate judges Alnashir Visram, Martha Koome and Daniel Musinga directed the parties to book another hearing date at the registry.

Last month, the case met obstacles after Justice Wanjiru Karanja recused herself. She was replaced by judge Musinga.

DEFENCE

Senior Assistant DPP Alexander Muteti wants his appeal allowed and the judgment by judge Eric Ogola dismissed entirely.

"The judge misdirected himself in law by finding and holding that the appellants (DPP, Attorney General and Police) appear to have been acting at the direction of the President and their actions were calculated to execute an executive order," Mr Muteti said.

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