Taita Taveta Governor Granton Samboja faces a legal battle after the High Court in Nairobi allowed the resumption of a case challenging the authenticity of his academic credentials.
The governor is suspected of forging a university certificate and using it to contest in last year's elections.
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On Wednesday, the Ethics and Anti-Corruption Commission (EACC) returned to court, seeking to have a lost file reconstructed so that the case can resume.
High Court judge Justice Wilfrida Okwany heard the application by EACC lawyer Jackie Kibogy. The file could not be traced in the court registry for 60 days. Justice Okwany set the hearing for October 9.
Mr Samboja is named as first respondent while the Independent Electoral and Boundaries Commission is the second.
In the court papers, Ms Kibogy claimed EACC established that Samboja was culpable.
The matter first featured in the electoral petition against Samboja's victory when Kenyatta University said no one by Samboja's name earned the alleged degree certificate at the institution.
KU and rights crusader Mwambi Mwasaru are first and second interested parties in the application.