The debate questioning Nairobi senator Johnson Sakaja’s academic credentials has rented social media with key law experts, political analysts and lawyers weighing on his (Sakaja) fate pending the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee’s decision on Sunday, 2 pm.
Senior lawyer Steve Ogolla has argued that Sakaja risks being evicted from the governor’s seat (if he will be elected) and jailed for forgery of a degree certificate if the court will be found guilty.
Steve noted that Regulation 47 of Election (General) Regulations of 2012 mandates the Commission for University Education to authenticate university degrees from foreign universities as a prerequisite requirement for clearance of presidential and gubernatorial candidates.
“Regulations 47 of Election (General) Regulations, 2012 requires the Commission for University Education to authenticate degrees from foreign universities as a condition sine qua non (prerequisite requirement) to clearance of presidential and gubernatorial candidates,” said Ogolla
“If the CUE revoked such recognition, the presumption in law is that CUE has acted lawfully and has established that such degree was not valid and therefore prior recognition was erroneous” he added.
While poking into Sakaja’s degree saga, he exuded that the matter is not legal and it only requires Sakaja to prove the credibility and authenticity of his degree certificate by providing evidence before the court.
Ogolla on penalties Sakaja may face
Ogolla warned that if the court will rule Sakaja’s degree had been obtained fraudulently, then the penalties are; the degree will be revoked, he shall lose the seat and a fresh election shall follow as stipulated in the law.
“The authenticity of Hon. Johnson Sakaja’s degree certificate is not a legal issue. Is a factual issue to be determined upon hearing of evidence and argument. In short, if Hon Sakaja obtained his degree by fraud and falsification, the same shall be revoked and it shall not matter that he has been elected as Governor. He shall lose the seat, and a fresh election will follow as by the law established” he added.