NAIROBI—A High Court in Nairobi has granted parties to withdraw the case challenging the integrity of Garissa Governor’s academic paper.
The case was withdrawn on December 10 before justice James Makau of the Constitutional Court after the parties recorded consent for withdrawal of the main application.
The case was previously filed by Mukhtar Barre who sought orders from the Court to declare Garissa governor’s seat vacant urging that Korane presented fake academic papers to clear for the 2017 gubernatorial race.
“The governor violated the Constitution,” Bare said in court papers.
The University of Nairobi in a letter dated August 20, 2018, denied issuing the MBA degree certificate to Governor Korane and that his name did not appear in any graduation booklet.
Bare, through lawyer Charles Kanjama, said Korane had violated the Leadership and Integrity Act.
Justice James also also allowed an application by Korane’s deputy, Abdi Dagane as an interested party saying the prayer had merit.
Dagane had filed an application under a certificate of urgency, arguing that as the deputy governor he would be affected by the outcome of the petition.
This was after the IEBC opposed his application, saying it was only Korane’s documents that were being challenged in court and not his.
“It is imperative and in the interest of justice that the court should hear and determine this application before any other proceedings are undertaken in this petition,” Dagane said.
The Ethics and Anti Corruption Commission (EACC) had earlier questioned the authenticity of Korane’s masters degree saying it was altered. In an affidavit, EACC investigator Kevin Lang’at said preliminary investigations indicated that issues raised by Bare in the court papers prompted the agency to re-look into the papers.
“A close analysis to some pages in the self-declaration form presented to the IEBC reveals that the information was altered,” the investigator said.