Attorney General has asked the court to dismiss petition by Taita Taveta Governor Granton Samboja seeking to stop his arrest and prosecution over academic credentials forgery allegations.
AG together with Inspector of General of the National Police Service in their grounds of opposition say that EACC has at all times acted within its respective constitutional and statutory mandate and the orders sought by Samboja are untenable as the petitioner has not sufficiently demonstrated with precision how the respondents has breached the constitution or any statute.
Further they say that it within their constitutional and legal mandate of to investigate and facilitate the prosecution of any acts of corruption, bribery , economic crimes violation of codes of ethics or other matters prescribed in the EACC act or any other law.
“This is not a proper case which the court ought to bring the anti-corruption proceedings to a halt since the petitioner will be afforded an opportunity to defend themselves, cross examine witnesses and adduce evidence in support of their case during trial and that’s the cause that the case ought to take.
Similarly they claim that Samboja’s attempt to seek courts help to halt or interfere with the lawful discharge of duties is in bad faith and meant to interfere with the legal bestowed upon the DPP.
“That the petition is misconceived, incompetent and bad in law and the orders sought by Granton Samboja are not tenable against the respondents,”
DPP is investigating Samboja on allegations that the governor does not possess the requisite academic qualifications and is suspected to have forged certificates and submitted false declaration during the 2017 General Election. The DPP argues that the investigations conducted by EACC are within their mandate and they have not violated any right of the governor.
Samboja has however maintained that he adhered to the law while vying for the electoral post as a candidate for the position of governor which he claims it indicated a clean bill of health from the electoral body as to his educational qualification.
He says that EACC actions are politically motivate and that there are external forces interfering with the investigations.
He wants the court to stop EACC and DPP stopped from investigating and prosecuting him over his academic qualifications.