The High Court dismissed a request to bar the Independent Electoral and Boundaries Commission (IEBC) from gazetting Mombasa Governor Ali Hassan Joho as an aspirant in the August 8 General Election due to his academic qualifications.
Making the ruling on Wednesday (12/04/17), Justice Chacha Mwita declared that the IEBC was the only body which could determine the qualification of the Governor.
Justice Chacha was ruling on a petition filed by a Nairobi resident identified as Abdalla Juma who sought to have the IEBC compelled to reject Joho’s degree which he claimed had been acquired fraudulently.
Mr Juma claimed the degree that Joho holds is fake and does not qualify him to hold or vie for the office of governor of any county in Kenya.
The petitioner sought a declaration that Joho’s tenure as a governor for the county of Mombasa between 2013 and 2017 was illegal.
He further wanted an order compelling Joho to refund all monies paid to him including salaries and allowances by the government of Kenya or the County of Mombasa by virtue of his position.
He also sought a court order stopping the IEBC clearing Joho to vie for the position of Governor of Mombasa.
In his petition, Juma stated that a candidate with a D-minus grade in KCSE cannot qualify for admission into any university in Kenya or Eastern Africa and neither can such a candidate do a bridging course and ultimately join a University in Kenya or Eastern Africa.
“I am aware the first respondent – Joho publicly acknowledged he obtained a grade of D minus in his KCSE examination in 1993 or thereabouts,” read the petition.
He argued that Kampala University publicly alleged that it admitted Joho on the strength of credits transferred from the University of Nairobi where he had originally been admitted.
Juma accused UoN of failing to carry out due diligence prior to Joho’s admission.