Sakaja cleared to run for Nairobi’s gubernatorial seat
Nairobi Senator Johnson Sakaja has been cleared by the High Court to contest the city's gubernatorial seat in the August polls.
This is after Justice Antony Mrima on Tuesday, July 12, 2022, dismissed a petition lodged by Dennis Gakuu that challenged the validity of his 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 court has ruled that the IEBC returning officer had no mandate to authenticate his education documents.
"The IEBC Dispute Resolution committee had tools or equipment to conduct investigations on criminal allegations that had been made by the petitioner before it, " Mrima ruled.
Petition questioning Sakaja's academic credentials dismissed
Wahome had asked the court to temporarily block the commission from including Sakaja’s name on the ballot paper because his degree from Team University, Uganda, is not authentic.
According to the Law, IEBC officers are like caged animals operating but just within the confines of the Law. They do not the tools and machinery to carry out forensic analysis of documents.
"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
While dismissing the petition, the judge also ruled that Gakuu did not prove beyond reasonable doubt that Sakaja does not have a degree.
The court noted that the petitioner lied on copies obtained from Teams University, University of Nairobi and did not await for the investigation agencies including DCI complete
