Kakamega High Court has lifted orders barring the Independent Electoral and Boundaries Commission (IEBC) from approving his candidacy for the Kakamega gubernatorial seat.
The court had ordered that Malala’s name not be published as a candidate in the upcoming elections until the legibility of his KCSE certificate and university degree was determined.
In his ruling on Monday, Kakamega Judge Justice Patrice Ouko stated that lifting the orders will allow Malala to participate in the gazettement of candidates process before the June 30 deadline.
However, Justice Ouko stated that the validity of Malala’s academic credentials will continue to be a critical issue before the court.
He directed the Kenya National Examinations Council (KNEC) and the Commission for University Education (CUE) to provide a report on the documents’ validity.
“To ensure the law is compiled with by all parties and for the petitioners to be given a fair hearing and the right justice…I do not resist the temptation to lift orders barring the gazettement of the first respondent (Malala) as a gubernatorial candidate in August 9 General Election but the issue of credibility is a threshold issue and must be addressed by this court,” ruled Justice Ouko.
Justice Ouko also ordered the DCI and the Ethics and Anti-Corruption Commission to submit their reports on the matter within seven days.
Malala’s eligibility to run for the seat was halted after two petitioners in Kakamega, Fred Muka and Franklin Shilingi, went to court to challenge the authenticity of his degree certificate.
The Kakamega gubernatorial race has drawn several contestants, but it is perceived to be a two-horse race between Kenya Kwanza’s Cleophas Malala and Fernandez Baraza.
The petition hearing is scheduled for July 11.
