The High Court has ruled that Kakamega Senator Cleophas Malala can go ahead and present his papers to the Independent Electoral and Boundaries Commission (IEBC) for clearance.
This comes after Justice Patrick Otieno barred Malala from submitting his documents for clearance on Monday pending the determination of a petition challenging his academic qualification.
However, Otieno changed his earlier ruling to allow Malala to present his papers to the IEBC because the deadline for submission of the papers for clearance was set for Tuesday.
Otieno also ordered the IEBC not to gazette Malala’s name as a candidate until the petition, which will be heard on Tuesday is determined.
Malala’s lawyer, Charles Malala, argued that the prior ruling would be prejudiced against Malala if he is not allowed to present his papers.
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He also claimed they have sufficient evidence to prove the aspirant has the required qualifications to contest in the Kakamega gubernatorial race.
“If my client is not allowed to present his papers to the IEBC tomorrow, he will end up being locked out of the elections,” the lawyer said.
“We have abundance of evidence that we present to court indicating that our client has the required qualifications to run for the governorship seat.”
Frankline Shilingi Anguche filed a petition seeking to have the court compel Malala to prove the authenticity of his academic certificates.