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.
Comments
This is fine. Let us head to…
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This is fine. Let us head to the ballot box. If people want to win, then they need to win at the ballot box. Not, trying to use the justice system to remove key political players this late in the game.
@Kim,you are right. If the…
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In reply to This is fine. Let us head to… by Kim (not verified)
@Kim,you are right. If the courts,and the IEBC has failed the masses, the game is not over by any means. The ultimate judge is the voter.So please if you are aggrieved,and disappointed in what the to institutions have done,please dont vote,and if you do, please cast your vote for the candidate who has passed the integrity test.
He is not absolved from…
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He is not absolved from being a criminal
I think we need to absorb…
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In reply to He is not absolved from… by Seneca (not verified)
I think we need to absorb the judge first for receiving the bribe to rule the way he did. The judge is the criminal number 1 here. These in the judicial profession have colluded with political criminals to finish kenya. Sakaja is guilty of a forged degree.
uhuru/raila's witch hunt…
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uhuru/raila's witch hunt tehehehe
Did you expect uhuru/raila…
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In reply to uhuru/raila's witch hunt… by mkenyadamu (not verified)
Did you expect uhuru/raila to go sit in the classroom for Sakaja?
The judges in kenya are very…
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The judges in kenya are very corrupt. They are the main of graft and corruption in kenya. Everything goes to the dogs when a judge is bribed to make the wrong judgment. This judge just compromise the integrity of the process our of his own greed.
Ultimately, the question was…
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Ultimately, the question was whether Sakaja has a bonafide college degree or not- as that is one of the constitutional requirements to run for a governor. But the judge veered off because if that issue is tackled, all other candidates who do not meet the degree requirements will be sucked in and that includes Raila. So, in order to safe Raila's candidature, the court dances around like a fool to escape the reality. Court says,if you bring a forged document to IEBC, (like Sakaja did) they can go by face value and trust, that's it.
Mwororo, I I’m in for your …
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In reply to Ultimately, the question was… by Mwororo (not verified)
Mwororo, I I’m in for your factual and truthful comment. Raila’s degree has always come up and to extend that we have his homeboy attesting to school life of his educational background. Raila like many other kids had a troubled teenage upto school life.
Finally we now know Raila does not hold a degree but what has transpired is that he has at least some welding certificate from Germany.
As for Sakaja let the people decide in the same way Raila is let into the presidential ballot with questionable credentials.
Kenya needs leadership from…
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Kenya needs leadership from honest people with wisdom which is not available in the textbooks and chalk.Remember expired wauaji Biwort,Ntimama,Kones,Kenyatta who had many degrees but killed innocent people for food just like semi-illiterate demons expired Moi and Raila.Kenyans can also remember prof Saitot who stole a child in 1984 from a Nakuru couple instead of adopting one.He is still in procession of his wife.
IEBC refusing to accept CUE…
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IEBC refusing to accept CUE decision that this dude does not have a valid degree does not excuse them.They are definately part of the problem.Free and fair elections are just a figure of speech to them Come elections the so called educated aka enlightened nairobi voters will decide for themselves however if a thug like Sonko can get in anything goes
Raila has always been above…
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Raila has always been above the law it seems:
- Kibaki's time he looses; cries- No consequences:and is bribed with "Nusu Mkate"
- Uhuru's time he looses; swears himself - Violates the constitution; No consequences; he is bribed with " Nusu Mkate"
- No real degree- a violation of the constitution; No consequences.
To cover him we turn a blind eye to the constitution requirements.
This is the continuation of " The law of unjust weights".
Let us watch- we are less than 30 days to the election date.
Let the best man win.
This is yet another lose and…
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This is yet another lose and defeat for Uhuru/ Raila. They are the ultimate sponsors of the suit. Not Wahome.
The final defeat is on August 9.
As sly as hyena balls.. he's…
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As sly as hyena balls.. he's governor is a few days
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