Nyeri gubernatorial aspirant Dr. Thuo Mathenge has appealed the decision by Jubilee party to lock him out of Friday’s party nominations.
Although the party had accepted his nomination papers, it later refused to clear him on grounds that his academic papers are questionable.
The party’s National Elections Board (NEB) rejected his candidature on grounds that the degree he obtained from a Uganda university is fraudulent.
On Monday Dr. Mathenge wrote to the JP national appeals tribunal to contest the resolution to bar him on grounds that the degree he presented was not genuine after the party allegedly carried out a comprehensive probe.
The aspirant argues that the high court and, Director of Public Prosecutions (DPP) and Director of Criminal Investigation (DCI) had all cleared his Degree of Social Work and Social Administration obtained from Uganda based Fairland University.
“The National Elections Board (NEB) erred in usurping powers of the DCI and DPP which are independent and constitutionally mandated offices, thereby acting ultra vires. The NEB misinterpreted the findings of Justice Wakiaga in Election petition No. 1 of 2013, Nyeri High Court and subsequent civil appeal No. 29 of 2013 thereby arriving manifestly erroneous decision and / or findings,” the letter states.
In his application, Dr. Mathenge has attached letters from the DCI and DPP closing the file on his alleged fraudulent degree; and another letter from the Commission of Higher Education (CUE).
“It’s hereby confirmed that Fairland University was a recognized institution in Uganda between the years 2001 to 2013. The qualification awarded by the said institution during that period is recognized in Uganda and by convention in Kenya,” Gilbert W. Opanga for CEO of CUE wrote in a letter dated 7th March 2017.
Mathenge who paid a requisite sh500, 000 to JP said he could not find genuine reason why the party should have rejected his application for the position of governor in Nyeri County.
On November 25, 2015, the DCI wrote to him stating that the DPP had directed the file closed and no further police action.
“The DPP received the police duplicate in regard to Dr. Mathenge’s case. Upon perusal of the said file and the evidence on record, the DPP found the evidence provided to prove that degree presented by the suspect was not genuine. The DPP therefore directed the police file be closed,” Nicholas Mutuku, Deputy DPP wrote to the Deputy Registrar of Nyeri high court on 29th September 2016.
JP’s appeals tribunal was slated to make determination on Dr. Mathenge’s application.