High Court dismisses Kambi 'qualification' petition
06 May 2014, 17:03
Nairobi - The High Court has dropped a case in which Labour Cabinet Secretary Kazungu Kambi was being probed over his university qualifications.
Kambi had been taken to court by a Mr. Charles Omanga who sought to have the secretary removed from office for apparently not having requisite qualifications to hold office.
Judge David Majanja however said that there was no basis for the probe, since Kambi's position is not an elected one, rather an appointment and thus there is no way he can be charged for the said offence.
" Find that the accused is not in an elected official rather was appointed by the president of the republic of Kenya thus his qualifications do not matter in the manner brought forward by the petitioner, the ruling said.
The Judge also declined to have Kambi produce his electoral self declaration form where he declares the status of his education.
He said that it would only arise in case the cabinet secretary had committed an offence that was deemed grievous to the constitution which had not been proved by the petitioner.
" The petitions as framed do not raise any issues that are contentious or are in dispute, the declarations sought cannot be granted in the absence of a live dispute arising from a contravention or threat of the constitution, the ruling continued.
The ruling will be much needed respite for Kambi, who has fought hard to clear his name over the matter in the last one year.
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