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Fred Ngatia defends the validity of Wajir governor’s academic papers in the appellate court
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The bench at the Courts of Appeal. (Courtesy)
WAJIR—The counsel for Wajir governor Mohamed Abdi told the Court of appeal that the High Court ignored “significant evidence” before the poll victory of Wajir governor on 8th election was nullified.
Through his lawyer, Fred Ngatia, the governor told the three judge bench that justice Mabeya, who presided over the case at the High Court, misinterpreted the law and overlooked crucial evidence before annulling his election.
On 12th January, the High Court ruled that the governors’ election was not carried out in accordance with the electoral law and Mohamed Abdi did not have genuine academic papers.
Fred Ngatia on Monday said the High Court judge made the ruling on unclear claims that Mr Abdi did not have a genuine university degree and no evidence was presented to prove it.
“The judge knew the fact that he was dealing with accusations of forgery. How then can the learned judge make references to such issues without any evidence presented?” asked Mr Ngatia
Counsel Ngatia claimed justice Mabeya lacked jurisdiction to determine the “fake degree” as the matter was dealt by the Independent Electoral and Boundaries Commission (IEBC) tribunal board.
The Independent Electoral and Boundaries Commission, represented by lawyers Mahat Somane and Kamau Karori, stated that Mohamed Abdi had submitted genuine copies of his degree certificate together with transcripts and a letter from the Commission for University Education confirming his degree was genuine.
The case will continue on Wednesday.
