A voter who had challenged Taita Taveta Governor Granton Samboja’s academic qualifications but lost the case before a panel of the electoral agency has sued to stop him from vying.
Mr Jeremiah Kiwoi filed the case in the Constitutional and Human Rights Court in Nairobi to challenge the validity of the governor's university degree.
In the petition filed under a certificate of urgency on June 28, Mr Kiwoi, through his lawyer Manasses Mwangi, wants the governor declared ineligible to run for the governor’s seat for lack of integrity.
In the motion, the governor and the Independent Electoral and Boundaries Commission (IEBC) are listed as the first and second respondents.
Mr Kiwoi also listed Kenyatta University, the Ethics and Anti-Corruption Commission (EACC), Kenya National Examinations Council (Knec) and Kenya National Qualifications Authority (KNQA) as interested parties.
In his affidavit, Mr Kiwoi said the EACC had stated it had investigated the governor's degree he ran for governor in 2017 and established that it was forged.
He stated that the EACC had established that the governor had breached the law by holding that he had a degree, diploma and certificate from Kenyatta University.
"EACC investigations established that the first respondent was of questionable integrity for fabricating academic certificates. Kenyatta University responded that the first respondent did not graduate from the institution and therefore the academic certificates in his possession were forgeries," he stated.
He added that the governor could not claim that he was innocent when both the EACC and Kenyatta University had disputed the degree.
"The Constitution singles out integrity as one of the national values and principles and governance that binds all state organs," he stated.
"The first respondent presented false information to EACC and IEBC on the self-declaration form in respect to the coming 2022 General Election hence he gas failed to observe the ethical and moral requirements outlined."
In seeking clearance from the IEBC for his 2022 reelection bid, Mr Samboja submitted certificates from Costa Rica University.
The petitioner wants the court to order the Commission for University Education to verify whether Costa Rica University is an accredited institution in Costa Rica and properly verify his certificates and present them in court.
Mr Kiwoi said the move by the IEBC's Dispute Resolution Committee to clear Mr Samboja to run for governor had violated the Constitution and his right to fair administrative action.
He argues that residents are likely to be duped into electing a candidate who is unfit to stand for any elective position, claiming that the governor used fraudulent means to be cleared in 2017.
The petitioner wants the court to order Director of Public Prosecutions (DPP) Noordin Haji to ask Inspector-General of Police Hillary Mutyambai to also investigate the governor's degree.
He wants the court to stop the IEBC from declaring the governor nominated and not to gazette his name for the coming elections.
"Unless this court intervenes the violation will continue unabated to the detriment of the petitioner, the people of Taita Taveta and Kenyans at large," he said.
Issuing its verdict on the case on June 19, the IEBC tribunal struck out his petition on the grounds that Governor Samboja had furnished the IEBC with a valid degree certificate.
The committee had also faulted the complainant for claiming that the Costa Rican University degree was fake, saying it was beyond the IEBC's mandate to investigate the authenticity of academic documents.
