Nairobi Senator Johnson Sakaja has been officially cleared to contest for the Nairobi governor's seat in the August 9c, 2022 election.
High Court finally gives ruling on Sakaja's degree
This is after, Dennis Gakuu challenged the validity of Sakaja's degree before the court
The High Court issued the ruling concerning the validity of Sakaja's degree from Team University on Tuesday morning. This is after, Dennis Gakuu challenged the validity of Sakaja's degree before the High Court.
Justice Antony Mrima dismissed the petition citing that Sajaka's degree is valid and the Independent Electoral and Boundaries Commission (IEBC) had a right to clear him.
"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.
Previously, Gakuu filed the petition to question Sakaja's academic credentials before IEBC, but the tribunal dismissed it, saying it had no power to determine the validity of Sakaja's degree.
The court agreed with IEBC's decision of dismissing the case claiming such investigation should be done by 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.
"This court on the basis of adherence to the Rule of Law finds no reason to add other duties to the IEBC which are not provided for in the Law…the application by the petitioner is therefore dismissed with orders of cost," ruled Justice Anthony Mrima
Justice Mrima disregarded the petition claiming Gakuu did not provide enough evidence to support his allegation that Senator Sakaja does not have a degree.
The court also mentioned that the documents the petitioner claimed he acquired from Team University and the University of Nairobi were fake and he did not wait for the investigators from the DCI to finish their investigation.
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