The high court in Mombasa has ordered the transfer of a petition challenging the academic qualifications of Malindi member of parliament Aisha Jumwa.
High court Judge Olga Sewe ordered for the file to be placed before Malindi’s duty judge since it was a matter of urgency and falls under the jurisdiction of Kilifi.
“I want to transfer the matter to Kilifi, that’s where it falls there is a need for the distribution of the matter since these types of matters are urgent,” she ruled
Justice Sewe further declined to issue interim orders stopping Jumwa from vying for the governor’s seat in the August 9 polls urging that such orders ought to be made by the Malindi law courts.
A Non-governmental organization(NGO) alongside two Kilifi residents filed the petition, seeking orders to bar Jumwa from vying for the Kilifi governor’s seat over claims of lack of university degree.
The petition concern Citizens Kenya, Rajab Menza, and Daniel Chengo who want conservatory orders issued restraining the electoral agency from accepting and processing nomination papers of Jumwa.
In their petition through lawyer Derrick Odhiambo, they argue that Jumwa does not meet the minimum qualifications to be nominated to contest for the seat of the governor and as such the Independent Electoral and Boundaries Commission (IEBC) should be directed not to clear her.
The petitioners have further told the court that in support of her nomination bid and clearance, Jumwa failed to produce valid and genuine academic documents, among them a degree certificate from a recognized certificate.
They have sued the Commission for Higher Education and Ethics and Anti-corruption Commission.
“We feel that as Kilifi residents we will be disenfranchised if the first respondent is irregularly cleared to contest for the seat without having met the requisite qualifications set by law,” said Odhiambo
The matter will be mentioned tomorrow for further directions.