A Court of Appeal judge has disqualified herself from hearing an appeal filed by the Director of Public Prosecutions challenging High Court's decision to bar the State from arresting and prosecuting Mombasa Governor Hassan Joho over his academic papers.
Judge Wanjiru Karanja opted out of hearing the appeal prompting the case which had been fixed for hearing Monday adjourned.
The court directed parties in the case to take another date for hearing the appeal at the registry.
Other judges on bench are Alnashir Visram (the presiding judge) and Martha Koome.
The DPP wants judgment issued by Justice Eric Ogola reversed and set aside.
In October last year, Justice Ogola said the State breached and violated Mr Joho’s rights by starting fresh investigations over his academic credentials.
The judge said the investigations were ill- timed, politically instigated and that the intended prosecution against the governor was not consistent with constitutional values.
He wondered why a complaint against Mr Joho over an alleged forged examination result slip was made this year yet there was a similar complaint over fraudulent acquisition of a degree certificate made in 2013.
“Why did the complainant make the complaint in 2013…this to court seems mischievous,” said Justice Ogola.
The DPP in his appeal said, Justice Ogola misdirected himself in law by considering extraneous matters such as the status of Mr Joho being the governor thereby arriving at a wrong decision.
He further argued that the judge misdirected himself in finding that Mr Joho was being discriminated against on account of his political views which were neither pleaded nor conversed before him by either parties.
The Kenya National Examination Council (Knec) said that the certificate showing that Mr Joho attained a C+ in 1992 was fake amid claims that he gained entry at the University of Nairobi, dropped studies and subsequently transferred to Kampala International University using the forged results.