The High Court has ruled in favour of Kabete MP Ferdinand Waititu on allegations that he unlawfully acquired forged documents as proof of his university education.
Following several months of a legal battle over his academic qualifications with Kiambu Governor William Kabogo, Justice Joseph Onguto ruled that the matter was not within the court’s jurisdiction to determine.
Whilst the governor had alleged that the MP had breached the Leadership and Integrity Act for allegedly possessing a fake degree from the University of Punjab in India, the judge pointed out that the issue was a matter that can be dealt with accordingly by the Ethics and Anti-Corruption Commission.
“This court does not have the jurisdiction to hear and determine matters to do with integrity.
“The government has put faith in other institutions such as the EACC, which have various mandates under the law to perform their role without the court dictating how it needs to be done,” the judge said.
Justice Onguto also pointed out that it is not the first time issues surrounding integrity of the legislator had come up and that he considers the IEBC dealt with it initially.
He also declined to refer the matter to the Chief Justice to constitute a bench to determine the case and ordered the governor to pay the legal costs of the suit.
“This case is, therefore, struck out and the objection to the suit succeeds,” he ruled.
Mr Waititu had accused Mr Kabogo of wrongly using the court process to tarnish his name and ruin his career.