Nairobi gubernatorial candidate Johnson Sakaja can now heave a sigh of relief after the High Court declined to have his name struck off the ballot.
Justice Anthony Mrima on Friday, July 1, 2022, declined to issue orders barring the Independent Electoral and Boundaries Commission (IEBC) from including Sakaja's name on the ballot pending hearing and determination of a petition by Dennis Wahome challenging his candidature.
In his ruling, Justice Mrima argued that granting the orders would deny the other parties a chance to be heard.
"Given that steps have already been taken for an expedited hearing for this matter, the order shall not be issued at this point," the judge ruled.
The judge allowed IEBC to proceed with the exercise of printing ballot papers as scheduled.
Notably, the exercise was expected to kick off on Thursday, June 30, 2022.
Petitioner questions Sakaja's papers
The petitioner, through Njoki Mboce, argues that Sakaja doesn't hold a valid university degree and IEBC erred by clearing him.
Wahome alleges that the Nairobi Senator forged the degree certificate he presented to the commission for clearance last month.
The latest development comes a day after the Commission for University Education (CUE) revoked recognition of Sakaja's degree for a second time.
In a letter to IEBC, CUE Secretary Mwenda Ntarangwi said by the conclusion of investigations into the authenticity of the degree issued by Team University, the candidate had not submitted any proof.
"Based on these findings and in compliance with the ongoing provisions of sections of The Universities Act, 2012, Part XI of The Universities Regulations 2014, The Universities Standards and Guidelines, 2014, and the Standards for recognition and Equation of qualifications and granted the disclaimer in the certificate of recognition issued, the Commission has come to the m inescapable decision to that the purported degree certificate of Bachelor of Science in Management (External) is ineligible for recognition," the letter read in part.
Last month, IEBC's Disputes Resolution Committee dismissed a complaint challenging Sakaja's eligibility to contest for the county's top job citing a lack of jurisdiction to determine the validity of the candidate's degree.
" This committee lacks the jurisdiction to investigate the authenticity of the degree of Sakaja. We, therefore, dismiss the complaint," the George Murugu-led committee ruled while clearing Sakaja to contest in the August polls.