BY SAM ALFAN.
The High Court to rule on whether to enjoin Garissa Deputy Governor in a case challenging the academic papers of his boss Ali Korane.
This after Independent Electoral and Boundaries Commission opposed his application saying it is only Governor Ali Korane documents being challenged in court.
The commission through lawyer Paul Nyamondi told the court that it is the Governor academic papers being challenged and not his deputy governor academic qualification.
“This petition is specific to the qualification of the respondent (Ali Bunow Korane) for nomination for the position of Governor , Garissa County interms of article 88 (4)(e) of the constitution and not nomination of the proposed interested party”, submitted lawyer Nyamondi.
Lawyer Nyamondi added that the Deputy Governor has not demonstrated his legal interest in the proceedings and he’s not a necessary in the challenge of Korane.
Judge James Makau will make a ruling on September 19. Court also fixed hearing of Korane preliminary objections and Dr Muktar application on October 17.
Garissa Deputy Governor applied to join the 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.
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 said 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 said 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.
