Taita Taveta Governor Granton Samboja says the election court does not have jurisdiction to investigate integrity issues against him amid questions over the authenticity of his degree.
Mr Samboja reckons the election court cannot undertake an inquiry as sought by Mr Armstrong Mwandoo Kiwoi, arguing that the Ethics and Anti-Corruption Commission (EACC) has the sole mandate to probe integrity matters.
Mr Kiwoi, a voter from Voi, is seeking a declaration that Samboja’s election as Taita Taveta Governor without meeting educational and ethical qualifications is null and void.
Kenyatta University which is also an interested party in the petition has said that there are no records to indicate that Mr Samboja was a student at the institution.
“The mandate to order investigation and prosecution are vested in the Office of the Director of Public Prosecutions pursuant to Article 157 of the constitution,” Mr Samboja’s preliminary objection said.
“The petition is an abuse of the court process as according to the Elections Act,” the objection further stated in part.
He further argues that the body vested with investigating or authenticating the academic issues raised by the petitioner in relation to Taita Taveta gubernatorial election is the Independent Electoral and Boundaries Commission.