The High Court will not bar Mombasa Governor Hassan Joho from contesting in the elections amid questions over his academic qualifications.
Judge Chacha Mwita yesterday said that the only body that can make that determination is the Independent Electoral and Boundaries Commission (IEBC).
Abdalla Juma had on Tuesday gone to court seeking to have IEBC stopped from clearing Joho for the upcoming elections.
He named the respondents as Joho, ODM leader Raila Odinga, the ODM party, the University of Nairobi, the IEBC and the Kenya National Examinations Council.
The Commission for Higher Education and Kampala International University are listed as interested parties.
Juma contends that it is obvious that someone who scores a D- in KCSE cannot be admitted to any university in Kenya or in East Africa. He said that one would not be able to bridge to join a university.
He pointed to Joho’s assertions that he has a degree from Kampala International University and the fact that the VC of the institution seemed to confirm that he was admitted at the university based of credits transferred from UoN.
Juma argued that if infact Joho was admitted at the UoN, then the institution failed to carry out due diligence prior to his admission
He also asked the court to declare that Joho is not qualified to run for governor and his tenure between 2013 and 2017 was illegal.