The Independent Electoral and Boundaries Commission (IEBC) has cleared Nairobi Senator Johnson Sakaja to vie for the Nairobi gubernatorial seat in the August poll.
The senator was cleared on Sunday, June 19 after IEBC dismissed a petition challenging his academic papers.
In its ruling, the Tribunal said IEBC was not tasked with investigating the authenticity of aspirants’ academic papers arguing that such should be left to the courts and the 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 the Regulation 47. Our final order is this complaint be hereby dismissed with no cost,” the Tribunal noted.
The Commission for University Education (CUE) had revoked Sakaja’s degree from Teams University in Uganda.
In a letter addressed to the Senator, CUE chair Prof Chacha Nyaigotti-Chacha said the commission will need to investigate Sakaja’s degree.
CUE had cleared Sakaja on grounds that the university in question is recognized.
“CUE has, however, received material information about the authenticity of the degree you presented from Team University that will require further investigation to ascertain the validity of the said degree
“Consequently, in accordance to the CUE recognition procedures, we hereby revoke the recognition of your degree from the aforementioned university,” Nyaigotti-Chacha said.
Days later, Sakaja claimed that Chacha was intimidated by President Uhuru Kenyatta to declare his certificate null and void.
He claimed that of all institutions approached and intimidated by the Head of State, only CUE has succumbed to the intimidations.
“It is also instructive that the letter by CUE has been written and signed by the chairman on the CEO’s letterhead! We are also aware that the commission did not meet to make this decision and it was done by the Chairman under duress
“A day earlier, the CUE Chief Executive Officer replied to an inquiry by the Ethics and Anti-Corruption Commission, affirming the authenticity of my credentials and confirming that I am qualified to run for office,” Sakaja added.
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