The hearing of a petition challenging the validity of Taita Taveta Governor Granton Samboja's candidacy has taken a new twist after it emerged that he presented a certificate from the University of Costa Rica to be cleared for the August 9 polls.
In his replying affidavit to the Independent Electoral and Boundaries Commission’s (IEBC) Dispute Resolution Committee dated June 15, Mr Samboja maintains that he has a genuine degree and dismissed the petition.
According to documents presented to the committee, the governor was awarded his Bachelor of Business Management on August 30, 2013.
The University of Costa Rica is a public university in Costa Rica, in Central America.
The governor has asked the committee to dismiss the complaint, arguing that his certificates were verified by the Commission for University Education and his degree is authentic.
"It is apparent and resoundingly distinct that before the issuance of the verification letter the commission conducts categorical interrogation of the academic degrees and materials presented to it and upon satisfactory results it proceeds to issue the verification letter accordingly," stated the response letter.
The documents show that on March 14, 2022, CUE verified the governor's degree among other certificates, including his graduate diploma in business management, advanced diploma in business management, standard diploma in business management, Foundation in English and Foundation in Mathematics.
In 2017, the governor presented a certificate from Kenyatta University (KU) that he used to be cleared by the IEBC.
Since then, the governor has been in and out of court over the scrutiny of his academic qualifications.
He also wants the petition dismissed because it was lodged more than 24 hours after he was cleared by the IEBC, outside the regulatory period allowed by law.
Mr Samboja is seeking reelection on a Jubilee ticket and said the party cleared him as he had met all the qualifications.
On Wednesday, EACC filed an affidavit stating that the commission did not have an issue with the governor's degree certificate.
The affidavit dated June 15 and sworn by Emily Ibeere, an assistant director in charge of ethics compliance at EACC, stated that the earlier affidavit was the position of commission for the 2017 election.
"With regard to the upcoming 2022 General Election the first respondent had submitted a self-declaration form to the second respondent party for purposes of his gubernatorial candidacy," it stated.
"The second interested party has not identified any issues arising from the self-declaration form or the document annexed in support thereof presented in respect of the upcoming 2022 General Election."
The petitioner, Mr Jeremiah Kiwoi, is seeking to have Mr Samboja barred on allegations that he does not have a university degree.
In his complainant's supplementary affidavit, Mr Kiwoi claimed that the University of Costa Rica is not recognised by the National Accreditation Council of the Republic of Costa Rica.
He wants CUE to confirm why it verified the governor's degree certificate when the university is not recognised in its own country.
"That the first respondent purports to have graduated from a Costa Rican based university in 2013 when it is well known he was then a radio presenter with a secondary school certification,” Mr Kiwoi stated.
“In addition, despite being armed with a degree certificate close to four years before, he chose to use falsified documents in 2017 in total disregard to the Constitution and other statutory provisions on the minimum requirement of a valid degree."
Mr Kiwoi wants the IEBC disputes resolution committee to revoke the governor's clearance over claims that he is not qualified to vie for the position.
Under the law, any person seeking the governor’s seat must be a holder of at least a bachelor’s degree from a recognised university.
Mr Kiwoi previously petitioned the Jubilee Party’s National Elections Board (NEB) not to give Mr Samboja a ticket until it verified the authenticity of his certificates.
He wanted the NEB to first determine whether the governor met the educational requirement stipulated by law.
Before he was cleared by the IEBC, two voters had also petitioned the agency to investigate the validity of Mr Samboja’s degree certificate over the same claims.
