The high court has dismissed Jimmy Wanjigi’s petition that sought to have his name included in the ballot.
High court judge Justice Jairus Ngaah ruled that the case has not been out to warrant the grant of any orders sought.
The court further ruled that it cannot replace a decision under review and therefore the judicial review filed by Wanjigi lacks merit.
“It confirms that the commission can argue in two ways and causes confusion,” said Omwanza.
This follows arguments by Wanjigi’s lawyer Omwanza Ombati that the Commission for University Education had cleared Wanjigi and IEBC was bound to accept his university documents.
This comes as the commission‘s lawyer Moses Kipkogei had argued that Wanjigi’s transcripts were not a degree certificate hence his locking out.
“The key word we want to underline is if the person is a holder of a degree. It is our interpretation that a person must have a degree certificate. There must be in existence a physical degree certificate. The applicant is not in possession of a degree certificate and never presented it,” argued Kipkogei.
The court heard that the transcripts submitted by the businessman did not indicate whether they were final, and were not certified.