Kakamega Senator Cleopahs Malala can now breathe a sigh of relief after the high court lifted the orders barring the Independent Electoral and Boundaries Commission (IEBC) from approving his candidacy for the Kakamega gubernatorial seat.
The court had ordered that Malala’s name not be published as a candidate in the upcoming elections until the legibility of his KCSE certificate and university degree was determined.
During a hearing on Monday, Justice Patrice Ouko stated that lifting the orders will allow Malala to participate in the gazettement of candidates process before the June 30 deadline.
Justice Ouko, however, noted that the validity of Malala’s academic qualifications will still remain a crucial matter before the court.
He directed the Kenya National Examinations Council (KNEC) and the Commission for University Education (CUE) to provide a report on the validity of the documents.
“To ensure the law is compiled with by all parties and for the petitioners to be given a fair hearing and the right justice…I do not resist the temptation to lift orders barring the gazettement of the first respondent (Malala) as a gubernatorial candidate in August 9 General Election but the issue of credibility is a threshold issue and must be addressed by this court,” ruled Justice Ouko.
Justice Ouko also directed the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission to submit their reports on the matter within seven days.
Charles Malala, Malala’s lawyer, told the court that the petitioners seeking to revoke Malala’s clearance are “working the court backwards” and will put a strain on the gazettement deadline.
“The counsel for the petitioners wants to work the court backwards. This is a matter that has strict deadlines and if we go back we shall be wasting the court’s time,” noted Malala.
The hearing for the petition is set for July 11.
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