Dennis Wahome has petitioned the High Court to bar United Democratic Alliance (UDA)Nairobi gubernatorial candidate Johnson Sakaja from running for governor in the August 9 general election.
Wahome has asked for an injunction requiring the IEBC not to print ballot papers for the Nairobi gubernatorial election until the case is heard and decided.
In his application, he claims that the IEBC’s Dispute Resolution Committee (DRC) denied his petition to revoke Sakaja’s clearance certificate, despite the fact that the senator is unqualified to run for governor.
“The impugned decision is fundamentally flawed in light of the fact that the 4th respondent (Sakaja) does not possess a degree as required by section 22 (2) of the Elections Act hence is a legally and unconstitutionally unqualified person,” Wahome states in his application.
After dismissing Wahome’s petition, the DRC cleared Sakaja to run for the Nairobi governorship on June 19.
The committee claimed it lacked jurisdiction to investigate the validity of Sakaja’s Team University degree, which Wahome claims was forged.
Sakaja also received a reprieve after the Commission for University Education, on June 22, withdrew a letter that had revoked recognition of the degree.
The matter is being investigated by the Directorate of Criminal Investigations (DCI), with a report due to the Director of Public Prosecutions on July 1, 2022.
Through Njoki Mboce and Company Advocates, Wahome wants his petition certified as urgent and be dispensed with as a priority.
“Unless this matter is certified urgent, interim orders granted and the Petition heard on priority basis, the adjudicatory authority of this honourable court will be rendered an academic exercise.”
