Mombasa Governor Hassan Joho risks going to jail for six months after his application seeking to set aside a court’s ruling, which cited him and an MCA for contempt, was dismissed.
The ruling, which was delivered electronically on Wednesday, means that the court will go ahead with sentencing Mr Joho and Changamwe MCA Bernard Ogutu whom it found guilty of disobeying court orders.
The court had issued a temporary suspension of sentence hearing pending a hearing of the application by Mr Joho seeking to set aside the orders citing him for contempt.
Justice Sila Munyao of the Environment and Land Court in Mombasa said he found no merit in the application by Mr Joho and dismissed it with costs.
“I’m not persuaded by the arguments raised in the application that Mr Joho was not served with the application dated May 17 2019 (seeking to show cause why he should not be committed to civil jail) or was not aware of it and that he did not participate in it,” ruled Justice Munyao.
Governor actively participated in the application
He further said the Mombasa Governor actively participated in the application through the county attorney, which is an office within the county government of Mombasa.
Justice Munyao said in his ruling that he did not think it can be argued that the Governor cannot be held liable for acts of disobedience of county employees unless he shows that they (employees) acted against instructions thus were on their own and needed to be dealt with separately from the county government.
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