High court dismisses petition over Sakaja's degree

The High Court has dismissed a petition to disqualify Nairobi senator Johnson Sakaja from the gubernatorial race over the validity of his university academic papers.

Justice Anthony Mrima has said the electoral commission did not commit any mistake in clearing the senator since there was no evidence he was not qualified to contest for the seat.

Upholding decision of the Commission’s dispute resolution committee to throw out the complaint lodged against Mr Sakaja’s candidature, the judge ruled that the petitioner, Dennis Gakuu Wahome, failed to discharge the burden of proving the senator’s Team University certificate was fake.

“The evidential burden shifted to the petitioner. Even by considering the evidence in the affidavit that was struck out by the tribunal, there was no evidence to support allegations leveled against Mr Sakaja. The tribunal did not err in dismissing the complaint for lack of proof,” said the judge.

He also threw out petitioner’s claims that Independent Electoral and Boundaries Commission (IEBC) abdicated its duty to verify academic document submitted by Mr Sakaja.

The petitioner, through lawyers Paula Nyamodi and Njoki Mboce, had argued that IEBC has a statutory mandate and obligation to verify authenticity of documents presented by political aspirants.

“By taking no steps to verify the authenticity of the degree certificate purportedly issued to Mr Sakaja by Team University on October 21, 2016 the IEBC and the returning officer were complicit to a fraud perpetrated by Mr Sakaja, contrary to the IEBC’s obligations as established by Article 88(4) of the Constitution,” they said.

But Justice Mrima ruled that the IEBC does not have legal powers or mandate to verify authenticity of documents submitted by aspirants. He emphasized that IEBC did not have constitutional or statutory obligation to verify the authenticity of Mr Sakaja’s degree certificate. 

“There is no legal provision requiring the elections returning officer to verify authenticity of documents availed by aspirants, no law or constitution places such a duty on the IEBC and returning officers. They would act in vain by verifying the documents as IEBC has no tools. There is no reason for this court to add other duties on IEBC which are not provided for in the law,” said Justice Mrima.

The judge also noted that it was not the first time a court was been confronted with claims of an aspirant possessing bogus education qualifications.

He asked the investigative agencies and the director of public prosecutions to be carrying out probe on such illegalities since they are criminal in nature and it is unfair for someone to benefit from such illegalities.

“The investigative agencies and the office of the DPP must take up some measures to the vice. Until and unless such deliberate efforts are taken by necessary parties, the seemingly increasing manner of persons using forged academic documents will never come to an end. It is my hope and desire that this longstanding issue will going forward receive appropriate action from the concerned parties,” said Justice Mrima.