New case filed to block Johnson Sakaja from running for Governor

Dennis Wahome, a voter from Nairobi County has petitioned the High Court in Milimani seeking to prevent the Independent Electoral and Boundaries Commission (IEBC) from including Nairobi gubernatorial aspirant Johnson Sakaja in the ballot.

Wahome through his lawyer, Njoki Mboce said that the ballot papers should not include Sakaja's name until he proves that the degree certificate allegedly acquired by Sakaja from Team University in Uganda, is not fake.

“Mr Sakaja’s assertion that he is a graduate of Team University is factually incorrect, baseless and unsupported. The assertion is further contradicted by his own public declarations categorically stating that he has never attended any university outside Kenya,” stated Mboce in part.

It is worth noting that Commission for University Education (CUE) withdrew its letter revoking recognition of his degree certificate.

“The respondent wishes to confirm to the honourable court that the substratum of this suit, being the letter dated June 14 2022, for which review is sought, is hereby withdrawn pending further investigations by the respondent, which investigations are currently ongoing,” read an affidavit signed by CUE chair Prof Chacha Nyaigotti-Chacha in part.

Nairobi Governor hopeful Johnson Sakaja speaking during a UDA party Economic Forum held in Nairobi on June 21, 2022 Nairobi Governor hopeful Johnson Sakaja speaking during a UDA party Economic Forum held in Nairobi on June 21, 2022 Pulse Live Kenya

University of Nairobi

Wahome in his petition further referenced Sakaja’s Nomination Application Declaration Form submitted to Jubilee Party on March 9, 2017 when he said that he has a degree from the University of Nairiobi (UoN). Sakaja made the same declaration to the Ethics and Anti-Corruption Commission that same year.

“In both forms, there was no mention by Mr Sakaja of any other degree from any other university, including Team University. Therefore, any indication, including by the elections returning officer that Mr Sakaja was cleared on the basis of a university degree obtained from Team University, Kampala, Uganda, is highly contradictory,” says Mr Wahome.

Mboce further stated that in the event Sakaja will take part in the forthcoming General Elections, her client as well as many voters based in Nairobi will feel aggrieved.

“Sakaja’s inclusion [on the ballot papers] would be gravely prejudicial to the petitioner and the residents of Nairobi County as Mr Sakaja is a legally and constitutionally unqualified person,” read the petition in part.

Johnson Sakaja with his running mate James Njoroge Muchiri shortly after they were cleared by IEBC to join the Nairobi gubernatorial contest Pulse Live Kenya

The lawyer concluded her petition by quoting Article 81(e)(v) of the Constitution where she reiterated that IEBC’s failure to ascertain the authenticity of Sakaja’s degree had fell short of their obligation.

“Mr Sakaja does not possess a university degree as required by Section 22(2) of the Elections Act, hence is a legally and constitutionally unqualified person,” says Ms Mboce.