CS Joho escapes jail term in contempt of court case against Doshi
Mining and Blue Economy Cabinet Secretary Hassan Joho no longer faces the threat of spending six months in jail for contempt of court.
This is after the Court of Appeal ruled in favour of Mr Joho and Mr George Ogutu, a Mombasa ward representative, who have been facing off in court against tycoon Ashok Doshi and his wife Pratibha.
Justices Agnes Murgor, Jessie Lesit and George Odunga on Friday set aside the order issued by Justice Sila Munyao of the Environment and Land Court in Mombasa on April 12, 2020, ruling that Mr Joho and Mr Ogutu ought to have been served with the application in person.
In their ruling delivered in Mombasa, the three judges also ordered the Doshis to bear the cost of the appeal.
“The [Doshi couple] failed to prove on the legal standards required that [Mr Joho] was indeed served with the said application. Consequently, we allow this appeal, set aside the order made on February 12, 2020, dismissing the application dated May 17, 2019, together with the consequential order and substitute therefor an order allowing the said application,” read the judgment.
In 2020, Justice Munyao ordered that Mr Joho and Mr Ogutu be jailed for six months for contempt of court. That order now stands quashed.
“In this case, on our own re-evaluation of the evidence placed before the learned judge, we find that whereas the appellants ought to have been personally served with the application citing him for contempt, the 1st and 2nd respondents failed to prove, on the legal standards required, that he was indeed served with the said application,” read the judgment.
Mr Doshi and his wife had filed an application seeking to have Mr Joho and the MCA cited for contempt of court for disobeying a court order restraining the county government of Mombasa from trespassing on a parcel of land belonging to them.
In their application, Mr Doshi and his wife wanted the two summoned to court to show cause why they should not be committed to civil jail for six months for disobeying court orders.
In the case that branched into contempt proceedings, the two are seeking a permanent injunction to restrain the county government from demolishing the perimeter wall or any other structure erected on the land. They argue that the county government threatened to evict them to revert ownership of the land to Changamwe Secondary School.
The Doshis also argue that the allegations that the land was grabbed from the school are baseless because the title and ownership of the previous owner from whom they purchased it had been affirmed by various courts.
akitimo@ke.nationmedia.com
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