•They said the subject of his petition has never been determined since the promulgation of the Constitution in 2010.
•In February last year, Joho and Ogutu were found guilty of disobeying the initial orders and were sentenced.
Businessman Ashok Doshi wants the Chief Justice to constitute a three-judge bench to hear his petition against Mombasa Governor Hassan Joho and Changamwe MCA Bernard Ogutu.
Doshi said his petition touches on the conduct and tenure of the governor and the MCA.
He said it is of public importance and therefore needs to be heard and determined by three or more judges.
“The matter is referred to the CJ for appointment of a bench of an uneven number of judges as it raises substantial questions of law,” Ashok said in his affidavit.
The petitioner and his wife Pratibha Ashok want Joho and the MCA barred from contesting any electoral position for failing to comply with court orders.
Doshi said the petition seeks to get interpretation on whether an elected leader who has been found guilty by a court law ceases to qualify to hold office or not.
They said the subject of his petition has never been determined since the promulgation of the constitution in 2010.
Through their lawyer Willis Oluga, the petitioners want the High Court to issue conservatory orders restraining them from holding and discharging the duties of their respective offices.
The latest petition arises from a suit filed by Doshi and his wife in 2019 where they sought orders restraining Joho and Ogutu from interfering with a piece of land in Changamwe area, Mombasa.
In March 2019, Judge Dora Chepkwony issued an order restraining the county, its servants or agents from visiting, trespassing or invading the said property.
The order further barred the defendants from demolishing a perimeter wall or any erected structure.
But Joho and Ogutu are said to have breached the orders by demolishing a perimeter wall of the contentious land.
In February last year, Joho and Ogutu were found guilty of disobeying the initial orders and were sentenced.
Joho was sentenced to 60 days in prison with an alternative fine of Sh250,000 while Ogutu was fined Sh20,000 or 14 days in prison.
Joho and Ogutu are yet to serve their sentences or pay the fines.
This prompted the petitioners to seek orders disqualifying the two leaders from holding their offices.
The petitioners said the duo had been found guilty of disobeying the court of law and have been sentenced therefore no longer eligible to hold any public office
Edited by Kiilu Damaris