BY SAM ALFAN.
Garissa Deputy Governor has sought to join a case challenging the academic papers of Garissa Governor Ali Korane.
Abdi Dagane Muhumed, in application filed under certificate of urgency, claimed that being the deputy governor he will be affected by the outcome of the petition.
“It is imperative and in interests of justice that the court should hear and determine this application before any other proceedings are undertaken in this petition,” argued Dagane.
In his supporting affidavit he claimed that he has a legal interest in the suit due to the nature of his appointment and his position as the deputy governor and will be affected by any negative outcome of the suit.
Dagane added that he was declared the deputy governor by IEBC when Korane was declared Governor.
The application will be heard on July 29.
Ethics and Anti- Corruption Commission said commenced investigations against embattled Garissa Governor Ali Korane over his academic qualifications.
This follows a petition filed by Aden Muktar Bare, whose son Idriss was shot as he pursued the matter. Mr Bare filed a petition before the High court seeking to declare the Garissa Governor seat vacant arguing that Korane presented fake academic papers to be cleared for the gubernatorial race, thereby breaching the Constitution.
In a sworn affidavit, EACC investigator Kevin Langat says that preliminary investigations shows that Korane while seeking clearance of the commission to vie for the position of governor of Garissa county government in 2012 and 2017, he filed a self- declaration form indicating that he possesses a master’s degree from university of Nairobi.
The officer further says Korane later submitted to IEBC a copy of self-declaration form which he had presented to the EACC in 2017.
Langat said that preliminary investigations reveals that the said self- declaration form presented to IEBC shows that he possesses a master’s Degree and that highest qualification he holds is a Bachelor of Arts in International Studies and Diplomacy from Washington International University.
“A close analysis to some pages in the self-declaration from presented to IEBC reveals that the information was altered to remove MBA degree and replace it with Bachelor of Arts in International Studies and Diplomacy from Washington International University. The commission is the process of investigating the same,” says the investigator.
Langat has informed the court that upon competition of the investigations over the matters in question, the EACC will forward the report to the Director of Public Prosecutions Noordin Haji for further direction.
Bare through lawyer Charles Kanyama says that Korane breached the violated the Leadership and Integrity Act by filing and presenting certificates at IEBC during last year’s general election yet he does not possess the same.
He claimed while trying to get the true picture of the Governor’s academic qualifications for purposes of filing the petition, his son Idriss was shot in the head in a bitched assassination attempt on the night of August 19,2018 at White Star restaurant along Kandara Road in Kileleshwa, Nairobi county.
Korane in his response termed petition challenging his academic papers as an abuse of court process, tainted with malice and clan hatred against him.
The governor through senior counsel Ahmednassir Abdullahi, said Dr Aden Muktar Bare has never challenged the election of the Governor nor his clearance to contest for the gubernatorial position in Garissa County.
“The petitioner is propelled by malice and clan hatred cleverly called under the guise of the constitutional petition raising alleged constitutional issues,” Governor Korane said.
He added that the jurisdiction to hear and determine election disputes is vested in an election court and the process of removal of the governor is prescribed by the constitution and County Government Act.
Korane further said that no court other than an election court has powers to remove a Governor from office after his election.
“The power of an election court must also be exercised within the strict timelines prescribed by law,” he added.
He dismissed allegations by Dr Muktar that he concealed his academic qualification. “It is clear this is an election dispute, which if anything, the petitioner is statutorily time barred to present for this court to determine,” added Korane.
