The Independent Electoral and Boundaries Commission (IEBC) is in a tough spot for clearing candidates facing integrity questions, including those whose academic credentials are in doubt.

For instance, Kapseret MP Oscar Sudi was cleared to defend his seat despite being in court where he is facing forgery charges.

While the MP claims to have sat for his Kenya Certificate of Secondary Education (KCSE) exam at Highway Secondary School in Nairobi in 2006, the institution’s former principal Patrick Maritim testified in court that he never schooled there.

“I can confirm that I went through the records of admission from the year he said he was at the school and the name Oscar Kipchumba Sudi does not appear anywhere. Even the index number on the KCSE certificate belonged to another student,” Maritim told the court.

Sudi did not present himself for clearance and was represented by his lawyer, but the returning officer Mildred Wachie said the law provides for one to send a representative.

“He was not here in person. He wrote a letter signed by his lawyer that he is outside the country. And according to the law, you can send a representative. We checked all his documents, according to the law, verified and confirmed that they are correct before we cleared him. Accordingly, he is now a candidate and he can start to campaign,” she said. 

Kakamega Senator Cleophas Malala has also been in the news after questions were raised over his Bachelor of Science Degree in Information Systems and Technology degree, which he obtained from the United States International University (USIU-A) amid claims it is not authentic.

As debate on his qualifications trended on Twitter, following a claim by blogger Robert Alai that he does not have a degree certificate, which is a requirement for those eyeing the governor position. Malala was forced to post his degree certificate and clearance letter from the Commission for Higher Education (CHE) as proof that he indeed graduated from the institution.

But he did not help matters when he appeared to be unsure of the exact year he graduated from the university.

In an interview on Bungoma-based Nyota TV, Malala said he joined USIU-A sometime in 2006 or 2007 and graduated sometime in 2010 or 2011.

“I joined USIU sometime in 2006 or 2007, I can’t remember well. I completed my undergraduate studies sometime 2010 or 2011, I can’t also remember properly,” he said.

“However, I collected my degree certificate from USIU-Africa in 2019. It was printed when I went for it,” he said.

“I graduated sometime in 2011, and my entire clan celebrated the feat with me. It was around that time that I declared my interest in the (Mahiakalo) MCA seat,” added Malala.

The degree was allegedly stamped by the USIU-Africa Registrar of Academic Affairs on May 20, 2022.

He also shared what appears to be a KCSE certificate, showing he got a B (plain) from Friends’ School Kamusinga in the 2003 KCSE exam.

While a check on the USIU-Africa Digital Repository of all its graduates by our sister paper, The Standard, shows that there was a student by the name Cleophas Wakhungu Malalah, who, in 2011, graduated with a Bachelor of Science Degree in Information Systems and Technology, it is not clear whether he is the same person as the Kakamega Senator.

But it is not the first time that the academic credentials of aspiring governors and MPs have been question.

For instance, in 2013, IEBC nullified the nomination certificate of an aspirant for the Kajiado governor seat, Taraiya ole Kores after CHE questioned his degree certificate from Universidad Empresarial de Costa Rica.

Others whose academic qualifications have been discredited include Mombasa Governor Hassan Joho, former Kiambu Governor Ferdinand Waititu and former Malindi MP Willy Mtengo.

Previously, the Ethics and Anti-Corruption Commission (EACC) has threatened to sue various leaders suspected to be in possession of fake academic certificates for violation of various offences, including forgery and providing false information contrary to the Penal Code and the Leadership and Integrity Act, but not much progress has been made in this regard.

But even as Kenyans agitate for the disqualification of those whose degree qualifications are in doubt, lawyer Morara Omoke says there is no express provision in the Constitution that bars non-degree holders from being elected as county chiefs.

“I think the debate is not based on the Constitution. Nowhere in the Constitution is it said that one has to have a degree to become governor.

“One only needs to be a registered voter and to satisfy the provisions of Chapter Six on Leadership and Integrity. Thus the legal requirement on the same is unconstitutional,” Omoke told The Nairobian.

“Also, one does not need a degree to excel as governor. We have had degree holders who have performed dismally or turned out to be too corrupt. Leadership skills are not about one’s academic qualifications,” he added.