The High Court has dismissed a petition seeking Johnson Sakaja's disqualification from the governor's race over the validity of his academic papers.
Justice Antony Mrima on Tuesday, July 12, 2022, threw out a petition filed by Dennis Gakuu that challenged the validity of Sakaja's degree.
"The court finds IEBC did not err in clearing Sakaja to vie for the Nairobi gubernatorial seat. The upshot, therefore, is that the petition is unsuccessful and is hereby dismissed with cost," the judge ruled.
Last week, Justice Mrima allowed the IEBC to continue with the printing of the ballot papers as the case proceeded.
Sakaja had sought High Court orders to stop the IEBC from omitting his name from the list of candidates owing to the controversy surrounding his degree certificate.
"Given that steps have ready been taken for an expedited hearing for this matter, hence the order shall not be issued at this point," the judge ruled.
Although Sakaja asserted that he legally acquired his degree from Team University in Uganda, the Commission for University Education (CUE) declared that the degree is not recognised after information on its legitimacy surfaced.
Despite the degree drama, the IEBC Disputes Tribunal dismissed a petition that had challenged Sakaja's academic qualifications - particularly on the degree requirement.
The tribunal ruled that the IEBC was not mandated to investigate the authenticity of candidates' academic documents and that such investigations should be left to the courts and criminal investigative agencies.
"The returning officer and his agents are not legally empowered and thus lack requisite jurisdiction to go beyond the provisions of Regulation 47 of the Elections General Regulation (2012) in authenticating a degree certificate.
"The Second respondent has no jurisdiction to investigate or otherwise ascertain the authenticity of academic certificates presented to it by political party aspirants beyond Regulation 47. Our final order is this complaint be hereby dismissed with no cost," the Tribunal noted.
Questions on the authenticity of Sakaja's academic qualifications had attracted national attention, drawing opinions from both sides of the divide.
More to follow
