The IEBC wants the High Court to stop hearing a petition questioning the academic credentials of Garissa governor Ali Korane.
The commission says the petition is a challenge to the validity of Korane’s election and should have been lodged within the recommended timeframe.
“The petition having been filed outside the timeframe established by Article 87( 2 ) of the Constitution — 28 days after the declaration of the election results — means it is time-barred. This court, therefore, lacks the requisite jurisdiction to hear and determine the petition,” it says.
The polls agency says the constitutional court where the matter has been placed has not been designated or gazetted by the Chief Justice as an election court.
Last week, the father of former Garissa official Idris Muktar petitioned the High Court to remove Korane from office.
Mukhtar’s father, Aden Bare, said Korane has continually violated the Constitution by being in office without the requisite academic qualifications. A governor should have at least a bachelor’s degree.
He wants the Commissioner for University Education and the IEBC directed to furnish him and the court with the original certified copies of Korane’s degree certificates
The county chief allegedly graduated with a master’s degree from George Washington University, USA, and obtained master of Police Eldership and Management degree from Leicester University, UK.
Bare wants the IEBC to produce Korane’s nomination copies that allowed him to run for governor in 2013 and 2017, certified copies of educational qualification certificates, a copy of his identity card and a duly signed and dated code of conduct, among other documents.
Yesterday, Korane’s lawyer Ahmednassir Mohamed told Justice Wilfrida Okwany that they intend to file an affidavit to have the petition filed by Bare dismissed.
He sought 30 days to file the affidavit, saying his client has already gone through the whole election petition process. The judge allowed the request and directed parties in the case to file and serve the necessary documents before December 19, when the matter will be mentioned for further directions.