The High Court in Nairobi has dismissed a petition by Safina party’s Jimi Wanjigi who wanted it to compel the Independent Electoral and Boundaries Commission (IEBC) to include him on the ballot as a presidential candidate.
In his ruling issued on Friday, July 1, High Court Judge Jairus Ngaah determined that Wanjigi’s appeal lacked merit and had no substantial grounds.
Despite not having a college degree, Wanjigi through his lawyer Omwanza Ombati, had requested the court to order the IEBC head, Wafula Chebukati, to allow him to run for president.
Wanjigi has argued that he had finished his studies at Daystar University and would graduate in December 2022.
He further claimed that because the Commission for University Education (CUE) had approved him, the IEBC was violating his rights by not allowing him to run in the August 9 elections.
The lawyer further said that the IEBC had previously stated that it lacked jurisdiction to decide on a candidate’s academic credentials once CUE had granted their approval.
The commission failed to clear Wanjigi on June 6 after he failed to present a physical degree to the national returning officer.
The Safina party presidential aspirant also provided a letter confirming that he was due to graduate from Daystar University in December.
Judge Ngaah was informed by IEBC lawyer Moses Kipkogei, who was defending the commission, that Wanjiigi had not provided a physical degree. He added that transcripts are not equivalent to a university certificate.
“The key word we want to underline is if the person is a holder of a degree. It is our interpretation that a person must have a degree certificate. There must be in existence a physical degree certificate. The applicant is not in possession of a degree certificate and never presented it,” Kipkogei stated.
Wanjigi was gunning to replace President Uhuru Kenyatta on August 9 together with his running mate Willis Otieno.
