Reprieve for Sakaja as Court Suspends Three Petitions Challenging His Candidacy

Three cases asking the High Court to disqualify Nairobi Senator Johnson Sakaja from running for governor have been suspended.

Justice Hedwig Ong’undi stayed the proceedings in order to await the outcome of Sakaja’s appeal to the Commission for University Education (CUE), where he is requesting reversal of its decision to revoke the recognition of his degree from Team University, Uganda.

To find out whether CUE has made a decision regarding the appeal, the judge ordered that the three consolidated petitions submitted by David Gitau, Antony Macharia Munene, and Timothy Charo Odhiambo be addressed on Thursday.

“The three petitions are premised on the revocation of Mr Sakaja’s degree certificate. It would not be proper for this court to continue hearing this matter when the decision by the CUE is being contested by way of appeal or review before the said body,” said Justice Ong’undi.

Read: Senator Sakaja Withdraws Case Against CUE

She said that as a result, the best course of action would be to temporarily halt the proceedings while awaiting the result of the appeal.

“Pursuance of the appeal is a right bestowed on any person wishing to challenge an administrative decision,” she stated.

The petitioners want the court to uphold the CUE’s decision to revoking Sakaja’s degree.

The petitions are based on a letter from the CUE to the electoral commission on June 30, 2022, which said that the United Democratic Alliance (UDA) candidate lacked a legitimate degree certificate.

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

The petitioners contend that Sakaja is ineligible in the court documents.

Sakaja was never admitted to the Kampala-based University, said CUE’s statements following its investigations, and it no longer accepts his degree.

The Independent Electoral and Boundaries Commission (IEBC) was also sued by the petitioners for failing to remove Sakaja from the race.

The petitioners are also aggrieved by the electoral commission’s justification, according to which a court order vacating the decision made by the commission’s Disputes Resolution Committee (DRC) is the only method to persuade it to reconsider its decision to clear Sakaja’s governorship.

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

DRC dismissed a petition that contested the UDA candidate’s nomination, claiming that it lacked investigative authority and could only invalidate Sakaja’s degree certificate based on a criminal conviction against him.

However, the petitioners claimed that the IEBC broke the law by disobeying the CUE’s advice since it was legally binding.

They contend that the electoral commission violated its duty to ensure that candidates for election are suitably qualified for those posts by disregarding the letter.

Judge Ong’undi also declined to comment on the matter of how Justice Anthony Mrima’s July 13, 2022 decision might affect a petition regarding the legitimacy of Sakaja’s certificate.

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

In that ruling, the court determined there was insufficient evidence to establish the certificate’s falsity.

The court ruled that the IEBC did not err when it approved Sakaja’s candidacy because there was no proof he was ineligible to run for the position based on the paperwork he provided to the returning officer.

The judge upheld the electoral commission’s decision to dismiss the case brought up against the Nairobi senator’s candidacy, finding that the petitioner, Dennis Gakuu Wahome, had not proves beyond reasonable doubt that the legislator’s certificate was fake.