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High Court throws out case challenging Hassan Joho degree.
Mombasa Governor Hassan Joho (centre) seated with his Deputy Hazel Katana (second left) together with Coast MPs during proceedings at the High Court in Mombasa on October 16, 2014.
By EUNICE MACHUHI
In Summary
The High Court in Mombasa has dismissed a petition by a voter challenging the academic qualifications of Mombasa Governor Hassan Joho.
A three judge bench on Thursday struck off the petition filed by Silas Otuke noting that it amounted to abuse of the court process.
While delivering the judgment before a packed court room, Justices Christine Meoli, Edward Muriithi and Martin Muya said the petitioner did not follow the correct procedure while filing the case and declared it immature.
USURP POWERS
The judges argued that the court was being asked to usurp the powers of other constitutional agencies that had the authority to deal with the issues raised in the suit.
Mombasa Governor Hassan Joho (second left), with his Tana River counterpart Hussein Dado (right) and Siaya Senator James Orengo (left) outside the High Court in Mombasa on October 16, 2014. PHOTO | KEVIN ODIT
"The arguments raised by the petitioner will result in the court being held at ransom and we cannot allow that," Justice Meoli said.
Mr Otuke filed the constitutional petition last year where he claimed that Mr Joho has never been a holder of a degree certificate from any recognized university and therefore cannot qualify to be the governor of any county in the country.
Thursday's ruling comes as a relief to Governor Joho who has been facing a tirade of suits questioning how he acquired his degree.
High Court throws out case challenging Hassan Joho degree - Mombasa - nation.co.ke
Mombasa Governor Hassan Joho (centre) seated with his Deputy Hazel Katana (second left) together with Coast MPs during proceedings at the High Court in Mombasa on October 16, 2014.
By EUNICE MACHUHI
In Summary
- The judges argued that the court was being asked to usurp the powers of other constitutional agencies that had the authority to deal with the issues raised in the suit.
The High Court in Mombasa has dismissed a petition by a voter challenging the academic qualifications of Mombasa Governor Hassan Joho.
A three judge bench on Thursday struck off the petition filed by Silas Otuke noting that it amounted to abuse of the court process.
While delivering the judgment before a packed court room, Justices Christine Meoli, Edward Muriithi and Martin Muya said the petitioner did not follow the correct procedure while filing the case and declared it immature.
USURP POWERS
The judges argued that the court was being asked to usurp the powers of other constitutional agencies that had the authority to deal with the issues raised in the suit.
Mombasa Governor Hassan Joho (second left), with his Tana River counterpart Hussein Dado (right) and Siaya Senator James Orengo (left) outside the High Court in Mombasa on October 16, 2014. PHOTO | KEVIN ODIT
"The arguments raised by the petitioner will result in the court being held at ransom and we cannot allow that," Justice Meoli said.
Mr Otuke filed the constitutional petition last year where he claimed that Mr Joho has never been a holder of a degree certificate from any recognized university and therefore cannot qualify to be the governor of any county in the country.
Thursday's ruling comes as a relief to Governor Joho who has been facing a tirade of suits questioning how he acquired his degree.
High Court throws out case challenging Hassan Joho degree - Mombasa - nation.co.ke
