The High Court has struck out a petition filed by the Ethics and Anti-Corruption Commission (EACC) questioning the authenticity of Taita Taveta Governor Granton Samboja’s academic documents.
In the petition, the EACC wanted the court to declare that Mr Samboja was not eligible to vie for the governor’s seat because of his academic qualifications.
It had claimed that the governor provided false information on the self-declaration form provided to the Independent Electoral and Boundaries Commission (IEBC) which, in their view, amounts to corruption.
But Justice James Makau threw out the petition upon finding that his court has no authority to deal with the matter.
The judge found that in filling the petition, the EACC was attempting to turn his court, which deals with constitutional matters, into an election court.
He described the failure of EACC to institute the dispute at the election court as a fundamental mistake, noting that the petition stemmed from the election of Mr Samboja as governor.
“It is against the provisions of the law to turn [an] election dispute to a constitutional petition. EACC had other avenues. This court has no jurisdiction to hear and entertain the petition,” ruled Justice Makau while allowing an objection filed by Mr Samboja.
The judge further noted that the Twalib Mbarak-led commission had not furnished Mr Samboja with a copy of its report dated May 30, 2017, which indicated that he was ineligible.
The report indicated that the governor lacks a university degree and is culpable of falsification of academic papers.
However, Justice Makau said there is no order of the court declaring the alleged falsification nor has he ever been charged in court with a criminal case concerning falsification.
“Though there are serious questions of qualification, he was not charged with any offence of falsifying documents. Documents were not interrogated by IEBC,” said the judge.
The court ruled that suspicion, however strong, cannot provide a basis for inferring guilt, which must be proved by evidence.
Feeling dissatisfied with the ruling, EACC’s lawyer Jacky Kibogy said she is seeking instructions to file an appeal against the decision of the court. She also asked to be furnished with certified typed proceedings of the case.
