Governor Samboja files response in row over papers

Granton Samboja (left) and Wiper party leader Kalonzo Musyoka head to the venue of the former's swearing-in ceremony as Taita-Taveta governor, on August 21, 2017. Samboja is embroiled in a case concerning the quality of his academic qualifications. PHOTO | DENNIS KAVISU

Taita-Taveta Governor Granton Samboja says the election court does not have jurisdiction to investigate integrity issues alleged against him in a petition.

Through a preliminary objection filed in court, Mr Samboja said the sole mandate of the investigations (of issues on integrity) is vested with the Ethics and Anti-Corruption Commission, which has been named as an interested party in the petition.

He further said the election court cannot undertake an inquiry as sought by Mr Armstrong Mwandoo Kiwoi, the petitioner.

“The mandate to order investigation and prosecution are vested in the Office of the Director of Public Prosecutions ...,” the preliminary objection reads in part.

Mr Kiwoi, a voter from Voi, is seeking a declaration that Mr Samboja’s election as Taita-Taveta Governor, without meeting educational and ethical qualifications, is null and void.

The governor describes the petition as premature invocation of Articles 165(3) d (ii) and 258 of the Constitution, which gives the court jurisdiction to act hence (the petition) is incompetent and an abuse of the court process.

The court directed that a pre-trial be conducted on October 13 in Voi.