Mombasa Governor Hassan Joho got a reprieve after a court issued a temporary suspension of his sentence hearing.
Justice Sila Munyao issued the temporary order on Tuesday after he was informed that Mr Joho had filed an application seeking to set aside the court’s ruling which cited him and an MCA for contempt.
“I'm prepared to give Mr Joho a hearing on his application. I, therefore, issue a temporary stay of sentencing hearing,” said Justice Munyao of the Environment and Land Court in Mombasa.
The temporary suspension of the sentence hearing will last until March 11 when the application by Mr Joho will be heard ''inter- partes''.
The judge was also told that Changamwe MCA Bernard Ogutu, who was also cited for contempt, was ill hence he was unable to attend court.
Justice Munyao had on February 12 cited Mr Joho and Mr Ogutu for contempt and directed them to attend court on Tuesday to mitigate before they are sentenced.
Mombasa businessman Ashok Doshi and his wife Pratibha had filed an application seeking to have Mr Joho and the MCA cited for contempt of court for disobeying an order restraining the County Government of Mombasa from trespassing on a parcel of land belonging to them.
Mr Doshi and his wife wanted the governor and the MCA summoned to court to show cause why they should not be committed to civil jail for six months for disobeying the orders.
Prior to the issuance of directions by the court on Tuesday, through lawyer Willis Oluga, Mr Doshi and his wife wanted a warrant of arrest issued against Mr Joho for failure to attend court.
Mr Oluga argued that the judge made an order to have the governor attend court hence he was expected to be present.
“The question of not being summoned with summons does not arise. The orders remain in force and there is no stay (suspension) issued, his counsel is in court … this means he is aware of the orders,” argued Mr Oluga.
In his application for setting aside of the court’s ruling, Mr Joho said that substantial loss will be occasioned to him if the order of stay and free bond are not granted as it involves deprivation of his personal liberty.
Through Balala and Abed Advocates, the Mombasa governor said he has never been served with any decree or order that he is alleged to have been in contempt of, thus he was not aware of the said orders.
“The applicant (Mr Joho) is not disrespectful of the court nor does he intend to disobey any court orders and is requesting the court to allow this application for setting aside the ruling of this court,” the governor’s lawyers said.
The governor wants the court to set aside the entire ruling, all consequential applications, orders and warrants pending ''inter-partes'' hearing and determination of his application.
He says that he was not personally served with the application by the Doshis and that he is a stranger to the proceedings.
“The applicant is a separate legal entity from the County Government of Mombasa and it is paramount that he be given an opportunity to be heard,” the application by Mr Joho states.
Mr Joho argues in his application that he learnt of the proceedings from social and mainstream media and was neither named as a party in them nor was he served.
Mr Joho said he has not been afforded any opportunity to be heard by the court in relation to the application by the Doshis.
In his supporting affidavit, Mr Joho states that as a governor and a public officer, he has never disobeyed a court order, wilfully or otherwise, and that he fully respects the sanctity of the rule of law and all court orders in his favour or against him.
“It is, therefore, ludicrous to suggest that the governor of Mombasa has disobeyed a court order,” states Mr Joho.
In citing the governor for contempt, Justice Munyao ruled that Mr Joho is the chief executive of the county government, hence he cannot escape responsibility for acts of disobedience.
“Mr Joho has not denied that he was on the suit property neither has he denied inciting the persons present to undertake acts of vandalism complained of,” said Justice Munyao in his ruling.
Mr Doshi and his wife argued that on May 10, 2019, county government officials led by Mr Joho accompanied by some leaders from Mombasa hired goons in breach of the court order, invaded the land and demolished the gate.
The plaintiffs further argued that the leaders held a public rally where they accused Mr Doshi of being a land grabber.
In their main suit, the plaintiffs are also seeking a permanent injunction restraining the county government and Mr Ogutu or any person acting for them from demolishing the perimeter wall or any other structure erected on the land.
