Mr Silas Otuke, a former chairman of the Kenya Students Council in Uganda, at the Kampala University has moved to court to challenge the validity of Mombasa Governor Hassan Joho's Business Administration degree.
In a case Mr. Otuke filed in a Mombasa High Court through his lawyer Gikandi Ngibuini, he asked the court to call for fresh elections because, according to him, the Mombasa Governor and his deputy are in office illegally.
He alleges that by the time the two were nominated to contest the Governorship of Mombasa county, they were not holders of valid degree from recognized universities as required by the law.
“By 31 January 2013, Hon Joho was not a holder of any degree from a recognized university. Under Section 22 of the Election Act, for one to qualify to contest, one has to be have a university degree,” Mr Ngibuini said.
In Mr. Otuke's affidavit, he observes that Hassan Joho was not a student at the University in the year 2011 when he was heading the Kenyan students' community. He further claims that former Bumula MP Bifwoli Wakoli was the only prominent Kenyan student at the university during his reign.
Mr Otuke, now the executive director of an NGO, Youth Leadership for Democratic Governance said, “I would have known, as he was then not only the Kisauni MP, but also Transport assistant minister,”
Lady Justice Mary Kasango certified the matter as urgent and ordered Mr. Otuke to serve the respondents. that is, Attorney-General, the Independent Electoral and Boundaries Commission (IEBC), Mr Joho and Ms Ogunde.
The case will be mentioned on September 2.
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