Wajir governor spared cross-examination in academic papers case
- 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, all persons including the vice chancellor of Kampala University will not 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.
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 Mohamud 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.