Billionaire Ashok Doshi and his wife are seeking to bar Mombasa Governor Ali Hassan Joho from holding elective office.
The two filed a petition at the Mombasa High Court against the governor citing abuse of office and persistent disregard for court orders.
According to reports, the billionaire and his wife filed the petition at the court on July 29, 2021, but the family is yet to serve Joho as he has been unavailable.
The family's lawyer Willis Oluga revealed that the Mombasa governor's co-accused, Changamwe Ward Representative Bernard Ogutu was served with court papers on August 4.
File image of billionaire Ashok Doshi. |Photo| Courtesy|
In their petition, the billionaire wants a three-judge bench hear the case in which he is seeking to have Joho blocked from ever running for public office or holding any state job.
Doshi is said to have applied for a permanent injunction whereby if found guilty, Joho will be barred from executing his role as Mombasa governor on account of abuse of office.
The billionaire family also wants the Changamwe Ward Rep barred from office on similar charges.
The petition by Doshi originates from a case that was determined by Justice Sila Munyao on May 21 this year. The judge in the case ruled that Joho pay Doshi Ksh250,000 or serve two months in prison.
Ogutu was also tried in the case and asked to pay Ksh20,000 or serve 14 days in jail.
Justice Munyao in his ruling found Joho guilty of demolishing a wall belonging to Doshi in 2019, and also for contempt of court. The Mombasa governor failed to appear before the court on February 12 to explain why he should not be jailed for disobeying court orders.
Reports indicate that Joho is yet to pay the Ksh250,000 fine, prompting Doshi to file a petition seeking to have the governor blocked from ever holding public office.
The family's lawyer, Oluga, also sought to have the Joho and Ogutu's seats declared vacant. He argued that the petition by Doshi seeks to have elected leaders held accountable for their actions and for disobeying the rule of law.
He cited Article 182(c) of the Constitution of Kenya 2010, which states that the office of a county governor shall be declared vacant if the holder of the office ceases to be eligible to be elected county governor Constitution of Kenya.
Joho is said to have disobeyed an order by Justice Ann Amollo on March 6 2019, barring him from demolishing the Doshi’s perimeter wall and trespassing into the property.
File image of Mombasa Governor Hassan Joho. |Photo| Courtesy|
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