However, the senator may not be off the woods yet on the degree saga as the DCI and the Commission for University Education will interrogate him on Monday.
The IEBC tribunal decision means that Sakaja will proceed with his campaigns as a validly nominated UDA candidate unless an appeal is made at the High Court.
It is only the High Court that can issue orders to IEBC in case of a succession challenge by the petitioners.
On Sunday, the senator sat pensively following the proceedings that took nearly two hours as he engaged himself with his phone.
There were celebrations outside the courts by his supporters who had continued gathering there since morning awaiting the ruling.
Sakaja was much aware of the hurdles placed on his way in seeking to vie for the seat even as the clock continues to tick towards the August 9 poll.
In upholding the decision by the Nairobi returning officer Albert Gogo to clear Sakaja, the committee said the IEBC has no jurisdiction to establish the authenticity of a degree certificate.
“This complaint is hereby dismissed with no further orders as to costs,” George Murugu, who chaired the panel, ruled.
Murugu said the returning officer acted within his mandate and law in clearing the candidate for the seat.
“This, therefore, follow that IEBC lacks powers to investigate or determine the validity of certificate as long as the candidate presents a prima facie invalid document,” Murugu said.
He said the only occasion the commission can act is when there has been a criminal proceeding initiated against a candidate leading to conviction.
The CUE commission’s chairman Chacha Nyaigoti has asked Sakaja to present a graduation letter, transcripts and graduation booklet, among other documents at 10am on Monday.
The saga surrounding his clearance has also attracted the attention of political leaders who include Deputy President William Ruto and other state agencies.
On Friday while in Kisii, Ruto voiced his comment over it while defending Sakaja, saying the certificates he possessed were valid.
DPP Noordin Haji directed Inspector of General Police Hillary Mutyambai to leave no stone unturned in their investigations, asking it to broaden it to other candidates.
In agreeing with the submission by lawyer Moses Kipkogei on behalf of returning office, the committee said the complainant failed to demonstrate that there has been evidence to confirm that Sakaja had been prosecuted over falsification of academic credentials.
Murugu said that while the allegations of forged degree certificates were criminal in nature, it was the responsibility of judicial institutions and not that of the IEBC.
Further concurring with the Sakaja lawyers, the committee said IEBC has no investigating machinery to undertake inquiries on the validity of the certificates supplied to it by various candidates but “merely acts in trust on the face value of the document.”
“I find that although there are serious aspersions on qualification of the first respondent, it is common knowledge that he has not been charged with any criminal offence relating to either altering false documents fraudulent conduct,” Murugu said.
Sakaja appeared in the court in the company of seven lawyers who included Kipchumba Murkomen, Gladys Shollei, Adrian Kamotho, Elias Mutuma and Duncan Okach.
Paul Nyamodi appeared for Dennis Kaguu who lodged the complaint.
Addressing the press after outside the county, the Nairobi senator maintained he is going to honour the summonses by the two institutions on Monday.
He further said he will soon be launching his manifesto before the launch of the presidential manifesto.
“We are law abiding citizens and we shall abide by all the provisions of the laws…I am glad that I have been vindicated since I am qualified to run for the seat and so we shall continue with our campaigns,” he said.
(edited by Amol Awuor)
