BY SAM ALFAN.
The High Court has handed Taita Taveta Governor Granton Samboja reprieve after upholding his objection to a case filed by Ethics and Anti-Corruption Commission challenging his academic qualifications.
Justice James Makau upheld the preliminary objection by Samboja saying a constitutional court lacks jurisdiction to determine the matter.
“The upshot is that the preliminary objection dated January 24, 2018 is meritorious and the same is upheld. The Petitioner’s (EACC) petition is struck out for want of jurisdiction with cost,” ruled the judge.
The judge further found that the commission’s failure to institute the petition before the election court is fundamental omission which goes to the route of the petition and which cannot be allowed to stand as the court lacked jurisdiction to hear and determine the case.
”I find although there are serious aspersions on the qualifications of Granton Samboja, it is common knowledge that he has not been charged with any offence related with uttering false documents or fraudulent conduct,” added Makau.
Justice Makau further found that such aspersions, however strong they may be, do not amount to any findings of the court of law or a quasi-judicial body.
The judge further noted that it was of importance and concern that the variety of the documents presented by Samboja to the commission are yet to be conclusively interrogated and determined.
“So as to make the matter ripe for determination before the court of law,”said the judge.
This is after the commission filed a petition seeking to determine that the election of Granton Samboja to the position of Taita Taveta Governor is null and void.
The commission also urged the court to bar Samboja from contesting in any general election without meeting the educational and ethical qualifications as prescribed by the law among other orders.
But the Governor Samboja opposed the application arguing the court was not gazetted as an election court under Election Act therefore doesn’t have jurisdiction to hear, consider and determine the case challenging the eligibility to contest gubernatorial elections.
“This court is not an election court and cannot determine the validity or otherwise to contest gubernatorial position and declaration or nullification of the results of his election as the Governor of Taita Taveta,” said Samboja.
Samboja won the Taita Taveta gubernatorial seat on Wiper Democratic Movement ticket, but the Commission said he forged his academic papers, to be cleared.
He claims to hold a certificate in Project Management, Diploma in Human Resource Management and bachelor of Commerce degree, all from Kenyatta University.
But the Anti-graft body said it made inquiries from the institution and was told that Samboja is not a graduate of the institution and has never studied at KU.
