The High Court sitting in Nairobi has dismissed a petition by Safina party's Jimi Wanjigi who wanted it to compel the Independent Electoral and Boundaries Commission (IEBC) to include him on the ballot as a presidential candidate.
Judge Jairus Ngaah in his verdict delivered on Friday, July 1, found that the petition by Wanjigi lacked merit and had no substantial grounds.
Wanjigi had asked the court to compel IEBC chairperson, Wafula Chebukati, to clear him to run for the presidency despite not having a university degree.
Wanjigi argued that he completed his studies at Daystar University and was set to graduate later this year.
Through his lawyer, Omwanza Ombati, the businessman maintained that the Commission for University Education (CUE) had cleared him and therefore IEBC was infringing on his rights.
Omwanza further argued that IEBC had earlier indicated that they lack jurisdiction to decide on the academic credentials of a candidate once given a nod by CUE.
"It confirms that the commission can argue in two ways and this causes confusion," Omwanza stated.
IEBC lawyer Moses Kipkogei argued for the commission and told Judge Ngaah that Wanjiigi had not submitted a physical degree. He further maintained that transcripts do not represent a university certificate.
"The key word we want to underline is - if the person is a holder of a degree. It is our interpretation that a person must have a degree certificate. There must be in existence a physical degree certificate. The applicant is not in possession of a degree certificate and never presented it," Kipkogei stated.
Wanjigi was gunning to replace President Uhuru Kenyatta on August 9.
Wanjigi, Walter Mung'are alias Nyambane, and musician Reuben Kigame are among the presidential aspirants who were disqualified by the electoral agency.
IEBC in turn cleared Azimio La Umoja candidate Raila Odinga, Deputy President William Ruto of the United Democratic Alliance, George Wajackoyah of the Roots Party and David Mwaure of the Agano Party.
