Senator Sakaja Withdraws Case Against CUE

Nairobi senator Johnson Sakaja has withdrawn a lawsuit he brought against the Commission for University Education (CUE) after it revoked recognition for his Team University degree certificate.

Justice Jairus Ngaah noted that the senator had submitted a notice for withdrawal of the complaint when the case was called out for hearing on Tuesday.

The judge allowed the withdrawal, noting that neither the CUE nor the Independent Electoral and Boundaries Commission (IEBC) nor the United Democratic Alliance party had raised any objections.

“The suit is marked as withdrawn with no orders as to costs,” said Justice Ngaah.

Read: Petition Challenging Authenticity of Sakaja’s Degree Thrown Out

The legislator requested that the court vacate the commission’s decision to revoke his degree in the now withdrawn lawsuit, which was filed on June 14.

He claimed that the CUE’s decision was based on a malicious political plan with the main goal being to exclude him from the Nairobi Gubernatorial race.

“It is self-evident that the CUE are being steered by external forces in a collateral mission being waged against Mr Sakaja. He has not been accorded a fair hearing, thus the decision is in absolute breach of the fundamental rules of natural justice,” his lawyers Elias Mutuma and Adrian Kamotho said. 

He claimed that the decision which constituted an unjust administration action, was against the law, and biased.

Read Also: Sakaja, Igathe Tear Into Each Other During Gubernatorial Debate

“Mr Sakaja is aggrieved by the decision of CUE because the said decision was unfairly and discriminately against him and in favor of his political rivals,” lawyer Mutuma said.

The revocation, he continued, was hastily carried out without any supporting documentation because the case was still under probe.

“The decision was unjustly arrived at being on political and unfair grounds. Mr Sakaja was not accorded a fair hearing nor were any substantial reasons provided as to the decision made,” added the lawyer.

He continued: “Strangely on June 14, 2022, without an iota of legality or justification, the CUE purported to revoke “the recognition” of Mr Sakaja’s degree. It was extremely outrageous, irrational and preposterous for the CUE to purport to revoke the ‘recognition’ of the degree when admittedly they were still undertaking investigations. By all logical standards, revocation cannot precede investigation.”

Read Also: Bahati, Sakaja Gazetted to Contest in August Polls

Last week, a case challenging the validity of Sakaja’s degree was thrown out due to lack of evidence.

Justice Anthony Mrima found that the IEBC had done nothing wrong in clearing the United Democratic Alliance (UDA) gubernatorial candidate to contend for the seat.

The judge further stated that the IEBC lacks the authority or mandate to check the validity of the materials that candidates submit.

“There is no legal provision requiring the elections returning officer to verify 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,” said Justice Mrima.

Read Also: I Was Too Shy To Go Back – Sakaja on Why He Did Not Complete UoN Degree

The judge also found that the petitioner, Dennis Wahome, did not prove beyond reasonable doubt that the aspiring governor’s credentials were invalid.

“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 allegations leveled against Mr Sakaja. The tribunal did not err in dismissing the complaint for lack of proof,” said the judge.

Justice Mrima, however, requested that investigating agencies and the director of public prosecutions conduct an investigation into Sakaja’s credentials.