Governor Samboja’s degree case hearing pushed to April 30

 

A constitutional court in Nairobi has scheduled the hearing of a case seeking cancellation of Taita Taveta Governor Granton Samboja's degree certificate for April 30, 2021.

Justice Anthony Mrima on Tuesday directed the matter to come up for highlighting of submissions by all the parties. He issued the orders during a virtual session.

Activist Okiya Omtatah had moved to court questioning the authenticity of the degree certificates presented by Samboja for clearance to vie for the Taita Taveta gubernatorial seat in the 2017 General Election. Samboja won the contest on a Wiper Democratic Movement party ticket.

Omtatah wants Kenyatta University to confirm whether it issued a certificate, diploma certificate, and degree certificate to the governor.

Samboja through his lawyer sought to have a preliminary objection admitted as opposed to doing a replying affidavit to the main petition.

Kenyatta University has so far not appeared despite their legal officer confirming that the firm of Kibe Mungai had been given instructions to handle the matter.

However, in a quick rejoinder, Omtatah explained to the court that the matter was separate from a similar suit dismissed by High Court judge James Makau a month ago.

“In this case, the only matter before the court is to ascertain if the documents purportedly issued by Kenyatta University are authentic,” he said.

The activist said the court has jurisdiction to hear matters relating to the integrity of public officials.

The Ethics and Anti-Corruption Commission which is the interested party in the suit told the court that indeed it had jurisdiction to hear the case and that it had already filled its replying affidavit.

“The respondent being a public officer is obligated under Chapter Six of the Constitution to confirm the authenticity of his academic papers,” the EACC affidavit reads.

The lawyer further informed the court that Samboja had filed a preliminary objection as to the jurisdiction and wanted the same heard first.

Omtatah said the court had jurisdiction in that the only issue was Kenyatta University to confirm that they issued the said documents or not. He said the suit was not an election petition and that no prayers had been sought to remove Samboja from office.

“Being a public interest litigation, the court was compelled to hear and determine the matter,” Omtatah said.

In his decision, the judge directed Samboja and Kenyatta University to file their responses within seven days. The petitioner and EACC have also been directed to respond to issues raised in the preliminary objection.

Justice Mrima asked Omtatah to serve Kenyatta University a notice of motion and the petition for a second time. All the submissions shall be highlighted on April 30.  BY THE STAR