Supreme Court to rely on affidavits in Wajir governor's case

What you need to know:

  • Supreme Court judges ruled they will rely on affidavits filed by Wajir Governor Mohamed Mahamud in support of his claim he graduated from university.

Wajir Governor Mohamed Mahamud will not be cross-examined over affidavits he has filed in court supporting his claim that he holds a university degree.

Similarly, no person, including the vice-chancellor of Kampala University, will stand in the dock over the affidavits they have filed in support of Mr Mahamud's claim.

In a ruling on Monday morning, six judges of the Supreme Court dismissed an application by former Governor Ahmed Abdullahi to cross-examine all the deponents of the affidavits.

The judges, led by Chief Justice David Maraga, ruled that additional evidence would be done by way of affidavits. 

They further said Mr Abdullahi had failed to demonstrate that the ruling made on September 28, allowing the governor to table additional evidence, was obtained fraudulently or by deceit.

'FAIR HEARING'

The country's top court had allowed Mr Mahamud to table his academic certificates, stating that he was not given a fair hearing before the High Court and the Court of Appeal, which both ruled that he was not validly elected.

“It is on this breadth that we must consider whether the appellant’s right to a fair hearing and trial will be infringed upon by the denial of admission of new evidence,” the judges said.

Mr Mahamud said he was admitted at Kampala University in 2009 and graduated with a bachelor’s degree in business and management studies.

He also claims that he obtained a masters’ degree from the same university and has attached a list of students who allegedly graduated with him in 2012.

ADDITIONAL EVIDENCE

“Kampala University, which conferred the degrees in contention upon me, has now also filed an affidavit that adequately responds to and rebuts all the matters set out in the five (5) affidavits filed by the 1st and 2nd respondents,” Mr Mahamud said in an affidavit.

But in reply to his case, Mr Abdullahi had attached letters from the university's academic registrar, saying Mr Mahamud was never their student between 2009 and 2012.

While allowing Mr Mahamud to file additional evidence, CJ Maraga, Deputy Chief Justice Philomena Mwilu, Justices Mohamed Ibrahim, JB Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola said additional evidence sought to be introduced includes academic and employment records of Governor Mahamud.​

The justices said despite the consent of the pretrial conference, it was curious that both the trial judge and appellate court did not allude at all to the fact that documents on record were admitted and needed not be strictly proved.

They said the additional evidence seeks to remove any ambiguity or doubt over the status of the academic qualifications in question.

COURT OF APPEAL

Justice Alfred Mabeya nullified Mr Mahamud’s election, ruling he was not validly elected. The governor then moved to the Court of Appeal and lost as judges ruled his election was void on the grounds that he did not meet the qualification to contest the seat.

Justices Philip Waki, Asike Makhandia and Patrick Kiage dismissed the first appeal, stating that the governor blundered by failing to appear in court to rebut claims that he does not possess a university degree.​

They further said there was no need to confirm whether the election was properly conducted or was fraught with irregularities of so grave a character that they affected not only the credibility of the election but the results.

“It (the election) must stand invalidated because the person declared the winner, namely the appellant, was not qualified to vie and was not validly elected,” the judges had ruled.​