Two Machakos voters have asked the High Court to quash a decision by the IEBC Disputes Resolution Committee clearing Wavinya Ndeti to run for Machakos governor seat.
Gideon Ngewa and Kisilu Mutisya said Wavinya’s academic certificates do not meet the general requirements for recognition.
They further said the documents have not been verified by the Kenya National Qualification Authority.
The duo want the DPP compelled to order investigations or determine the authenticity and validity of the academic certificates presented by the candidate.
Also sought is an order restraining Commission for University Education from recognising her academic qualifications until investigations are concluded and determination on their authenticity made.
They also want the court to issue an order compelling CUE to revoke the recognition of Wavinya’s bachelor and masters degrees obtained in 1995 and 1992 respectively, as well as her graduate diploma of 1990.
“This committee lacks the jurisdiction to investigate the authenticity of the degree of Wavinya Ndeti. We, therefore, dismiss the complaint," the George Murugu-led committee ruled.
“Surprisingly, between September 1989 to July 1990, Wavinya studied as a full-time student at South Bank university, now London South Bank University and was awarded a graduate Diploma in Computer Science on 12 July 1990 without having completed a first degree," they said.
"A graduate diploma is a short course taken after completion of a first degree.”
In a sudden turn of events, on November 6, 1992, Wavinya purportedly obtained a Master of Science degree in Business System Analysis, using the 1990 graduate Diploma in Computer Science.
The petitioners claim they wrote to CUE on June 15 to investigate her papers and recall recognition letters but the agency has never responded to date.
“CUE has abused its powers by recognising the masters and degree certificates for Wavinya Ndeti without establishing that the said certificates met the set standards relevant in the quality of university education,” they said.
In response, Wavinya said there is no legal basis for the court to issue an order quashing the decision of IEBC Dispute Resolution Committee dated June 16.
She said her papers have already been verified and that the application has been filed in bad faith and should be dismissed.
Justice George Odunga directed the deputy registrar to verify Wavinya's degree certificate together with the other respondents (DPP, CUE, KNQA, IEBC) in court and a report be filed.
The case will be mentioned on July 11.
(edited by Amol Awuor)
