Mombasa resident judge Eric Ogolla allegedly deliberately shut out conclusive evidence to rescue Mombasa governor Hassan Joho in a constitutional petition. Joho had moved to court as a petitioner suing Inspector General of police, Director of Criminal Investigations, Director of Public Prosecution and the Attorney General who were respondents. Joho’s decision was after he received summons from DCI on March 2017 requiring him to appear before assistant general of police to record a statement relating to forgery of result slip for Kenya Certificate of Secondary Education examination of 1992.
At the same time, Kenya Revenue Authority had moved to High Court in Nairobi under the Anti-Corruption and Economic Crimes Division and obtained orders blocking Joho from accessing and dealing with funds in his various bank accounts. The investigators concern was with the genuineness and authenticity of KCSE result slip. Janet Dago Ekumbo Mbete had in a letter dated January 3 2017 to DCI exposed Joho forged certificate while applying for admission at University of Nairobi. How Ogolla gave Joho a clean bill of health with even evidence, he had attained an aggregate of D- at Sereni Secondary School but forged a C+ certificate has left many wondering aloud. The investigator had concluded that, the complainant was genuine and made in good faith and there existed reasonable grounds to undertake investigations. Documents obtained from University of Nairobi revealed that Joho applied for admission in his own handwriting, supplied a passport sized photograph, paid fee to the university, sat for examinations and the answer booklet was Joho’s own handwriting.
Investigations revealed, Joho forged KCSE result slip for the year 1992 and secured admission for Bachelor of Commerce degree course in 2009. Ogolla, in his ruling, based on Joho petition to seek protection against prosecution in connection with alleged forgery of examination results and cushioning him from prosecution offences committed. Joho, in his petition, claimed he obtained a D- and not C+ at Serani. To Joho, the proper complainant of the issue of forged certificate should be University of Nairobi and not Janet Ndogo Mbete. In his ruling, Ogolla wondered why the complainant did not raise the complaint between 2013-2017 and chose to raise in 2017, an election year. The judge brought politics in a criminal case. Joho petition No 15 of 2017 was suspiciously allowed as prayed. He further ruled, any further purported investigation on the said issues was an exercise in malice and abuse of criminal justice system.
He further gave orders to have Joho not arrested, charged or prosecuted, harassed, intimidated in any manner and howsoever. The Joho, Ogolla saga has been triggered by a case between lawyer Joho Mburu and Mombasa county over pending bills payments Ogolla dismissed the suit maliciously and unjustly after being influenced by Joho. The county only pays creditors at Joho orders and treats county funds like personal property and only cronies paid. Joho violates the county’s debt payment protocols with the county assembly doing nothing as it has long been subdued into submission. It has been reduced to a toothless bulldog. A petition to Judicial Service Commission by Mburu wants Ogola removed as a judge. This even ex-mayor Ahmed Mohdar, in a video that has gone viral, is overheard claiming how he nominated Joho twice for governorship with fake academic papers.