Nairobi senator Johnson Sakaja has moved to the High court to challenge the decision of the Commission for University Education ( CUE) to revoke a degree certificate he acquired from a Ugandan university.
In a judicial review petition filed at Milimani High Court, Sakaja wants the court to quash the CUE's decision dated June 14 and issue a prohibitory order stopping the electoral commission from sticking out his name from the list of the cleared gubernatorial candidates.
Sakaja wants the court to compel the state agency to maintain the validity of his degree, which he got from Teams University in Kampala, Uganda.
In his court papers, the embattled politician argues that the decision by CUE is illegal, biased and amounts to an unfair administration action anchored on mischief and crafty political agenda whose principal objective is to eliminate him from the governorship race.
"Sakaja is aggrieved by the decision of CUE because the said decision was unfairly and discriminately against him and in favour of his political rivals," his lawyer Elias Mutuma says in his court papers.
He adds that the decision to revoke his certifications was rashly undertaken by the CUE without evidence, as the matter is still under investigation.
"The decision was unjustly arrived at being on political and unfair grounds. Sakaja was not accorded a fair hearing nor have any substantial reasons been provided as to the decision therein made," the lawyer said.
He adds that the decision by the agency violated his constitutional rights to a fair administrative action and a fair hearing.
Sakaja accuses CUE of being unfair
In revoking the certification, the CUE chaired by Prof Chacha Nyaigotti said that it had received information about the authenticity of Sakaja's degree.
The commission said it required further investigations to ascertain the validity of the said degree certificate.
But Sakaja argues on June 6, 2022, the CUE had issued a confirmation that said his degree was valid.
He also says the same commission has issued another confirmation to the Ethics & Anti-Corruption Commission affirming the recognition of his academic qualifications.
"Strangely, on June 14, 2022, without an iota of legality or justification, the respondents have purported to revoke "the recognition" of the Sakaja's degree. It is extremely outrageous, irrational and unbelievable for the CUE to purport to revoke the 'recognition' of the applicant's degree when admittedly, they are still undertaking investigations. By all logical standards, revocation cannot precede an investigation," lawyer Mutuma adds.