The High Court has suspended the decision of the Commission for the University Education (CUE) to revoke the recognition of the degree awarded to Nairobi Senator, Johnson Sakaja.
In a ruling seen by Kenyans.co.ke, Justice Jarius Ngaah ordered the Commission to maintain the validity of Sakaja's degree until further notice.
Justice Ngaah noted that the statements filed by Sakaja alongside his affidavit were verified to be factual.
"An Order of Certiorari to remove into this Honorable Court and quash the decision of the Commission for University Education made on June 14, 2022, revoking the 'recognition' of the applicant's degree from Team University, Kampala, Uganda.
"An Order of Mandamus compelling the respondent herein to maintain the validity of the applicant's degree pending further directions by the Honorable Court," the Judge ordered.
The order also prohibited the Independent Electoral and Boundaries Commission (IEBC) from striking off the Senator from the list of cleared gubernatorial candidates for the Nairobi county seat.
"Having considered the statement filed alongside the application together with the affidavit verifying the facts and the exhibits thereto, I hereby certify the application urgent."
"Considering the material before the court, I am also satisfied that the applicant has made out a case for grant of leave to file a substantive motion for judicial review orders of certiorari, mandamus and prohibition. Accordingly, leave is granted in terms of prayer 2 of the chamber," the Judge ordered.
Justice Ngaah ordered the motion to be filed and served while directions to be given within seven days on Wednesday, June 22.
CUE's decision to revoke an earlier recognition of Sakaja's degree certificate had elicited debate with critics arguing that the senator's clearance would be struck off the list.
The Commission had stated that it would investigate the matter further in order to ascertain the authenticity of the degree certificate.
"The Commission for University Education has received material information about the authenticity of the degree you presented from Team University that will require further investigation to ascertain the validity of the said the degree."
"Consequently, in accordance with the CUE's recognition procedures, we hereby revoke the recognition of your degree - Bachelor of Science in Management (External) from the aforementioned university," CUE addressed in a letter to the Senator dated Wednesday, June 15.
