Two Kenyans, Omar Faruk Abdullahi and Abdulhakim Dahir Sheikh want the ouster case against Wajir governor Mohamed Abdi Mahamud revived, but this time through investigative and prosecution agencies.
In a letter addressed to the Director of Public Prosecutions (DPP) Noordin Haji through their lawyer Wanja & Kirimi Advocates, the two want the governor charged afresh with forgery and procurement of forged documents contrary to section 348 of the Penal Code.
The two base their argument on the decisions made by the High Court in 2018 and the dissenting judgement of Chief Justice David Maraga in February 2019, where Mr Mohamud was found to have forged his academic credentials to qualify for the gubernatorial election in 2017.
Mr Mohamud had lost before the High Court and Court of Appeal with the two courts ruling that he was not qualified to contest the seat because he did not possess a degree certificate as required by law.
Despite the finding, Mr Mohamud’s election was upheld through majority vote at the Supreme Court on grounds that the degree issue was a pre-election matter and should have been addressed by a dispute committee at the Independent Electoral and Boundaries Commission or by the Political Parties Disputes Tribunal.
Appearing before a parliamentary committee on September 3, 2014, after being nominated Kenya’s Ambassador to Saudi Arabia, Mohamud said that he was yet to graduate. But a few months later, on March 12, 2015, he claimed that he had obtained a master’s degree in business administration from Kampala University. Practically, it would be impossible to obtain a masters degree in six months.
It was also found that Mr Mohamud did not travel to Kampala Uganda at the time he claims he attained the degree.
In 2017, Mr Mohamud swore a statutory declaration in which he stated that his highest qualification was a bachelor’s degree, contradicting his earlier statement that he had a master’s degree.
Despite swearing an affidavit in 2018 saying that the last department to clear him from Kampala University was the accounts department, his name was still missing on the list of graduation of March 1, 2012 that was published by the University.
The governor, throughout the case, lacked documents and receipts to show that he paid for his tuition fees in the institution.