Mombasa governor Ali Hassan Joho's degree fate to be laid to rest today.

A three-judge bench will today rule on whether to strike out a petition challenging the legitimacy of Mombasa Governor Hassan Joho's degree.

The bench constituted by Chief Justice Willy Mutunga is expected to deliver a ruling in the morning, in regards to a preliminary objection raised by Deputy Governor Hazel Katana.

Katana has applied to have the suit struck out claiming that the petition was political.

Judges Christine Meoli, Martin Muya and Edward Muriithi will deliver the ruling after four months when the bench was constituted.

Katana filed the preliminary objection after petitioner, Silus Otuke filed a suit claiming Joho obtained his business degree fraudulently from the Kampala University.

Through her lawyer Paul Buti, Katana questioned the jurisdiction of the Mombasa High Court in hearing a matter that had already been determine by a High Court of similar standing.

Buti said a Nairobi High Court had in March last year ruled thrown out a case challenging academic credentials of Joho and Katana three months after he was sworn in.

In the ruling in Nairobi Justice Isaac Lenaola ruled that the two are holders of valid degrees and fit to run for office of governor.

“To hear the petition amounts to an appeal against a judge of the High Court’s decision in petition,” Katana said in the application.

She also accused the petitioner Silas Otuke of filing an election petition that “is masqueraded as a constitutional petition.”

“All the issue raised in the petition relate to the validity of the Mombasa Gubernatorial elections and for all interests and purposes it’s an election petition designed as a constitutional reference,” Katana said.

The bench will today make its ruling after hearing the parties by way of oral submission.


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