Relief for Senator Sakaja as High Court Dismisses a Petition on His Degree

Senator Johnson Sakaja can breathe a sigh of relief after the High Court dismissed a petition seeking his disqualification from the Nairobi gubernatorial race over the validity of his academic qualifications.

On Tuesday, Justice Anthony Mrima ruled that the Independent Electoral and Boundaries Commission (IEBC) disputes resolution tribunal did not err in clearing Sakaja to vie for Nairobi governor in the August 9th elections, and dismissed the petition on the basis of lack of proof.

While dismissing the petition filed by Denis Wahome, the judge noted that there was no sufficient evidence to shift the evidential burden from the petitioner to Sakaja.

“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 the allegations leveled against Mr. Sakaja. The tribunal did not err in dismissing the complaint for lack of proof,” said the judge.

Wahome filed the petition at the High Court after the IEBC disputes resolution committee dismissed his complaint against Sakaja's clearance to run for office. The tribunal ruled that it lacks jurisdiction to determine the validity of Sakaja's degree certificate.

In his petition, Wahome argued that Sakaja's Bachelor of Science in Management degree from Team University in Uganda is not genuine as he never graduated from the institution in 2016 as he claims.

He added that only six students graduated with a Bachelor's degree in science in management on October 21st, 2016, and Sakaja was not among the graduands.

But Justice Mrima ruled that the IEBC does not have legal powers or mandate to verify the authenticity of documents submitted by aspirants. 

“There is no legal provision requiring the elections returning officer to verify the 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,” the judge noted.