Mombasa Governor Ali Hassan Joho on Friday, May 21,2021 sentenced to 60 days in jail or pay a court fine of Ksh. 250,000 after he was found guilty of contempt of court.
The Mombasa County Boss has been charged alongside Changamwe Member of County Assembly (MCA), Bernard Ogutu.
While ruling over the matter, Justice Munyao Sila stated that breaking the law is not heroic and urged leaders to set a good example.
“Kenyans love peace and would like to live in a country where leaders lead from the front in respecting the rule of law,” said Justice Sila. “We want to live in a country that respects the rule of law and obeys a court order,” Justice Munyao stated.
Despite being found culpable, Justice Munyao said that the Mombasa Governor who appeared in court showed no remorse.
“There is not much remorse in Mr. Hassan Joho’s mitigation statement, his apparent lack of remorse is very perturbing to this court,” Justice Sila said.
The governor will also be held liable for any damages suffered by the plaintiff as a result of the incident.
Meanwhile, Changamwe MCA was fined Ksh.20,000, or 14 days in the slammer. He had shown remorse and appeared to have learned from his mistakes, according to the court.
At the same time, the Mombasa court issued an arrest warrant for the two, ordering them to be taken to the Shimo La Tewa prison unless they provide proof of payment of the bail.
Ashok Doshi, a Mombasa businessman, filed the case in the Environment and Land Court in 2019.
His claim was that he owns a parcel of land in Changamwe, Mombasa, which was raided by Mombasa County officers on 25/2/2019, creating chaos and damage.
He went to court and obtained an injunction barring all Mombasa County officers, officials, and employees from accessing his plot.
Despite the court order, Joho and Changamwe MCA, accompanied by about 100 hired goons and other political leaders including Hon. Omar Mwinyi, visited the plot on 10/5/2019 and caused even more chaos and damage.
Mr. Ashok Doshi returned to court and filed a contempt of court complaint against Joho and the MCA.