Jama wants the court to grant him anticipatory bail pending his imminent prosecution.
Former Garissa governor Nathif Jama has moved to court seeking to stop his prosecution over an alleged forged degree certificate obtained 32 years ago.
Mr Jama has sued the Inspector-General of Police Joseph Boinnet and the Director of Public Prosecutions Keriako Tobiko over his Bachelor of Commerce degree certificate from the University of Karachi, Pakistan.
Through his lawyers, Mr Jama he wants the the IG and DPP barred from investigating him over forgery allegations with regard to his academic certificate which he claims to have obtained in 1985 at the age of 26.
“He is apprehensive that the criminal justice system is being used to settle political scores, embarrass him and frustrate an ongoing election petition against the current governor, Ali Bunnow Korane,” his lawyers said.
They added, “He is apprehensive that his constitutional rights and freedom are under in imminent threat of infringement by way of an unlawful arrest or charge to be effected by the IG and the DPP.”
Mr Jama claims that he appeared before a senior superintendent of police on October 13 to answer to questions regarding a complaint of the alleged forged degree certificate.
He explains that he has been at the DCI headquarters three times over the said complaint and fully cooperated with the police.
He alleged that his transcripts got lost in 1997, yet the police are aiming at having him prosecuted unlawfully.
He argues that the prosecution is intended to tamper with his physical presence in court whenever his election petition is heard.
He further says that he was born on June 5, 1959 and not January 1, 1969.
He also claims that he was issued with an identification card which had an error on the birth date but has since been corrected.
He further says that the Commission for University Education twice wrote to him, first to confirm that the said institution is recognised, and then later alleged to have erroneously given that acknowledgement.
He says that he also possesses a Master of Arts degree from the University of Gloucestershire in the UK.
He wants an order issued stopping his prosecution until he produces his final academic transcripts from the said institution as well as pending the hearing and determination of the case.
He also wants the court to grant him an anticipatory bail pending his imminent prosecution.