The High Court of Uganda has dealt a blow to Senator Johnson Sakaja, after dismissing an application by Team University seeking to bar investigations into the politician's degree case.
According to court documents, Team University wanted the court to block the National Council of Higher Education (NCHE) from persuing the case.
Deputy registrar Jamson Karemani ruled that the application lacked the merit to convince the court to issue the orders sought.
Karemani stated that affidavits sworn in court proved that the probe into the contentious degree had been temporarily stopped by the Inspector General of Government (IGG).
“I do believe in NCHE’s submissions that indeed the investigations were stopped and at moment there is no investigation being carried out,” the deputy registrar ruled.
The court noted that the status quo was that there was no investigation being carried out by the respondent since the IG of police had taken over the matter.
“I have looked at the submissions of both lawyers and I find that there is no threat of further investigations. I find no merit in the application which I dismiss,” ruled Karemani.
“I am convinced that there is an application for a temporary injunction pending hearing. The same doesn't appear frivolous and vexatious."
The university requested a temporary order preventing NCHE from looking into the degree Sakaja was conferred or from using any report resulting from the probe while the High Court miscellaneous application No. 0324 of 2022 was being decided.
Justice Antony Mrima of the Kenyan High Court on Tuesday, July 12, 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.
The Independent Electoral and Boundaries Commission (IEBC) Disputes Tribunal also dismissed a petition that had challenged Sakaja's academic qualifications - particularly on the degree requirement.
Sakaja was cleared to vie in the Nairobi gubernatorial race.
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