Nairobi Senator Johnson Sakaja may have been cleared to run for the governor seat but his woes are far from over.
A voter has moved to court seeking orders compelling the Independent Electoral and Boundaries Commission (IEBC) not to print ballot papers.
Dennis Wahome whose petition challenging the validity of the senator’s degree was thrown out by the IEBC Disputes Tribunal, wants a court to block the electoral agency from printing the ballot papers until his suit is heard and determined.
“The impugned decision is fundamentally flawed in light of the fact that the 4th respondent (Sakaja) does not posses a degree as required by section 22 (2) of the Elections Act hence is a legally and unconstitutionally unqualified person,” Wahome argues.
The petitioner through Njoki Mboce and Company Advocates, wants the case to be treated as urgent and disposed of immediately.
“Unless this matter is certified urgent, interim orders granted and the Petition heard on priority basis, the adjudicatory authority of this honourable court will be rendered an academic exercise.”
Wahome claims that, should the IEBC list Sakaja’s name on the ballots, the constitutional provisions governing the county governor election will be violated, and citizens of Nairobi City will continue to have their democratic rights abused.
The petitioner on June 13 submitted to the tribunal that Sakaja’s degree certificate from Uganda’s Team University was printed on May 29, at around 10 pm.
Wahome opined that the university discontinued the degree program in 2015, the year before Sakaja is said to have received his degree.
Further, he asserted that his thorough cross-border investigation showed that between 2012 and 2016, the time frame Sakaja claimed he was studying, he only visited Uganda once, on October 17, 2014.
According to Wahome, a review of the Team University graduation booklet dated October 26, 2016, revealed that the legislator’s purported graduating class consisted of only six students.
“I’m aware that none of the six people who graduated from Team University on 21st October 2016 ever heard or saw the 1st respondent as their classmate either in their class physically or virtually,” Wahome said.
Wahome’s application was rejected on June 19, giving Sakaja the go-ahead to vie for the governorship.
The tribunal claimed that it lacked the authority to evaluate the senator’s Team University degree, which Wahome alleged was fake.
The authenticity of the senator’s degree is under probe by the DCI with the Director of Public Prosecutions (DPP) set to receive a report on July 1.