Taita Taveta Governor-elect Granton Samboja has moved to the
High Court, seeking to stop the EACC and the DPP from prosecuting him over the authenticity
of his academic papers.
In the petition, Samboja wants the DPP to be stopped from
arresting, charging and prosecuting him in relation to the matter of
alleged forgery of academic certificates and using the same to gain admission
into a Master’s Degree course at Kenyatta University.
He says the EACC has unlawfully and maliciously sought
to recommend the case to the DPP, who could give consent to further investigations
and his prosecution.
Samboja says the decision by the EACC is based
on a politically influenced report meant to malign him.
“This is a persecution in the public gallery as opposed to prosecution
based in constitutional and evidentiary statutory safeguards,” he says.
In the petition, the governor-elect says he has been
apprehensive since the EACC has assumed the role of a prosecutor
and judge by airing on prime time news and publishing in leading print media information that implies he is guilty and should be arrested.
The Governor-elect alleges that following his nomination to run
for office he was issued with a self-declaration form which he filled and
submitted to the IEBC.
He was cleared by the IEBC to run for the seat, but was later
summoned by the EACC to appear before the commission with regard to authenticity of his degree certificate.
“My lawyers did write to EACC informing the commission that the proposed date, specifically June 15, 2017, was not appropriate due to the previously
diarised engagement and sought indulgence to which the EACC never responded as
implored upon,” the petition reads.
Justice Chacha Mwita directed the governor-elect to serve the EACC and DPP with the petition.