Petitioner queries Sakaja case judge
A voter challenging the nomination of Nairobi Senator Johnson Sakaja’s governorship bid has written to the Judiciary questioning the authenticity of High Court orders suspending the revocation of his degree certificate on Wednesday.
Through lawyer Njoki Mboce, Dennis Gakuu says the orders are questionable because the judge who issued them was supposed to be away.
Mboce said prior to the issuance of the ruling by Justice Jairus Ngaah, there was a public notice indicating he would not be sitting between June 15 and June 18. The orders were issued by the judge at 9.03 pm on June 15.
“We had earlier seen a public notice dated May 30 and published on the same date, from the High Court at Milimani, which stated that Justice Ngaah will not be sitting between June 15 and 18 as he will be engaged in other official duties,” said Mboce.
The notice further stated all matters coming up during the period the judge is away, will be rescheduled.
In the letter addressed to High Court Deputy Registrar, Judicial Review Division Nairobi, Mboce wants a confirmation the judge actually attended Sakaja’s case and issued the interim orders against the decision of the Commission of University Education (CUE).
The letter is copied to Chief Justice Martha Koome and the Principal Judge of the High Court, Justice Lydia Achode.
According to an order attached to the letter, Justice Ngaah issued a temporary injunction suspending the decision of CUE dated June 14 stopping the Independent Electoral and Boundaries Commission (IEBC) from striking out Sakaja’s name from the list of cleared Nairobi gubernatorial seat candidates.
The order, issued by Justice Ngaah, will remain in force pending the hearing and determination of Sakaja’s case against the revocation.
“Leave is granted to the Applicant (Sakaja) to apply for an order to quash the decision of the Commission for University Education (CUE) made on June 14 revoking the ‘recognition’ of his degree from Team University, Kampala, Uganda,” said the judge.
Validity of degree
Sakaja also received a nod to apply for an order to compel CUE to maintain the validity of his degree pending directions from the court.
“I am satisfied that Sakaja has made out a strong case for grant of leave to file a substantive motion for judicial review orders of certiorari, mandamus and prohibition,” justice Ngaah ruled.
The orders by the court come after Sakaja challenged the move by CUE to revoke his certification of degree pending further investigation on the same.
In his court papers, Sakaja argues the decision of CUE is illegal, biased and amounts to an unfair administration action. Further, the revocation is anchored on mischief and crafty political agenda whose principal objective is to eliminate him from the governorship race.
“Sakaja is aggrieved by the decision of CUE because the said decision was unfairly and discriminately against him and in favour of his political rivals,” his lawyer Elias Mutuma says in court papers.
He adds the decision was rashly undertaken by the CUE without any evidence as the matter is still under investigation.
“The decision was unjustly arrived at being on political and unfair grounds. Sakaja was not accorded a fair hearing nor have any substantial reasons been provided as to the decision therein made,” says the lawyer.
He adds that the decision by the agency was in violation of his constitutional rights to a fair administrative action and a fair hearing.
