Waititu tri­umphs over Kabogo in de­gree case

Onguto says is­sues that gover­nor wanted de­ter­mined in the case against the MP are not within the court’s ju­ris­dic­tion

The Star (Kenya) - - News - CA­ROLE MAINA @MainaCa­role

The High Court yes­ter­day dis­missed claims Ka­bete MP Fer­di­nand Waititu’s aca­demic cre­den­tials from In­dia’s Pun­jab Univer­sity were forged.

Judge Joseph Onguto yes­ter­day struck out a suit filed by Waititu’s po­lit­i­cal ri­val Ki­ambu Gover­nor Wil­liam Kabogo. It sought to bar the MP from hold­ing any po­lit­i­cal of­fice on grounds that he had breached the Lead­er­ship and In­tegrity Act.

Onguto said the is­sues that the gover­nor wanted de­ter­mined by the court are mat­ters which are not within the court’s ju­ris­dic­tion.

Kabogo said since Waititu, who has ex­pressed his in­ter­est in un­seat­ing him, lied about his univer­sity de­gree when he vied for the Ka­bete par­lia­men­tary seat, he is un­qual­i­fied to vie for any post at the Au­gust 2017 elec­tion.

The gover­nor said Waititu is us­ing aca­demic cre­den­tials that be­long to Clif­ford Ndung’u.

“He does not pos­sess any valid univer­sity de­gree and there is no ev­i­dence he went through a process of learn­ing, tu­tor­ing and ex­am­i­na­tion,” Kabogo said.

His lawyer Man­sour Issa also told the court Waititu com­mit­ted a fraud when he sub­mit­ted his self-dec­la­ra­tion forms.

But Onguto said is­sues of lead­er­ship and in­tegrity are mat­ters that should be dealt with by other in­sti­tu­tions which have been given the man­date by the Con­sti­tu­tion.

The judge said the dis­pute about Waititu’s de­gree had been dealt with ear­lier by the In­de­pen­dent Elec­toral and Bound­aries Com­mis­sion and he sees no need to in­volve the court.

“The Con­sti­tu­tion has placed faith in other in­sti­tu­tions which have the man­date to han­dle is­sues of lead­er­ship and in­tegrity,” he said.

The hear­ing of the case was marred by ac­cu­sa­tions as the two politi­cians ac­cused each other of fraud.

While Kabogo ac­cused Waititu of com­mit­ting fraud against the peo­ple of Ka­bete, the MP said the gover­nor forged doc­u­ments from the Kenya Na­tional Ex­am­i­na­tions Coun­cil in a des­per­ate at­tempts to bar him from the 2017 Ki­ambu gover­nor’s race.

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