Dennis Wahome has moved to the High Court seeking to block Nairobi Senator Johnson Sakaja from vying for the governor seat in the August 9 polls.
Wahome has sought orders to compel IEBC not to print ballot papers for Nairobi gubernatorial seat until the case is heard and determined.
He argues in his application that IEBC's Dispute Resolution Committee (DRC) dismissed his petition that sought the revocation of Sakaja's clearance certificate yet the senator is unqualified to vie for the seat of governor.
"The impugned decision is fundamentally flawed in light of the fact that the 4th respondent (Sakaja) does not posses a degree as required by section 22 (2) of the Elections Act hence is a legally and unconstitutionally unqualified person," Wahome states in his application.
On June 19, the DRC cleared Sakaja to run for the Nairobi governor seat after dismissing Wahome's petition.
The committee argued that it lacked jurisdiction to ascertain the validity of Sakaja's Team University degree which Wahome claims was forged.
Sakaja also got a reprieve after the Commission for University Education on June 22, withdrew a letter which had revoked recognition of the degree.
The matter is, however, under investigation by the Directorate of Criminal Investigations (DCI) with a report expected to be submitted to the Director of Public Prosecutions on July 1, 2022.
Through Njoki Mboce and Company Advocates, Wahome wants his petition certified as urgent and be dispensed with as a priority.
"Unless this matter is certified urgent, interim orders granted and the Petition heard on priority basis, the adjudicatory authority of this honourable court will be rendered an academic exercise."
Wahome says that should IEBC include Sakaja's name on the ballot papers, the constitutional principles in respect of elections for the position of county governor shall be violated and Nairobi city residents will suffer further violation of their democratic rights.
Independent electoral and boundaries commission (IEBC) is expected to begin printing ballot papers for the August 9 poll after dispensing all concerns touching on aspirants' clearance.
