Nairobi Senator Johnson Sakaja has sued the Commission for University Education and its chairperson Chacha Nyaigoti Chacha over contempt of court.
Sakaja wants the court to order the immediate arrest of Prof. Chacha, the Contemnor herein and he be presented in court and cited and adjudged guilty for contempt of court, for breach of orders of the Court issued on 15th June 2022.
“This Honorable Court be pleased to commit Prof. Chacha Nyaigoti-Chacha, the Contemnor herein to imprisonment for a period of six months at Kamiti Maximum Prison,” states Sakaja.
The court had ordered that the status quo be maintained.
According to the gubernatorial candidate, on 17th June 2022 at 7:00 p.m., Chacha, while acting in his capacity as the Chairman of the Board of CUE went live on all major National Televisions and other media forums wherein he issued a press statement whose contents were a mockery and contemptuous of the Court’s orders earlier served upon the commission.
Further, on 20th June, the Chairperson released a signed press statement to all media houses, wherein he ostensibly made reference to Sakaja, the orders of status quo ante, and the court process in general, contemptuously stating that;
“We want to let Hon. Sakaja know that the Commission for University Education is the only Institution mandated in law to recognize foreign earned degrees in order to allow IEBC to issue them with nomination to run as Governor/Deputy Governor or President/Deputy President. Any other method he wants to use will not stop us from fulfilling our mandate as provided for by the law. The Commission wants to reiterate that the revocation of his purported degree still stands”.
“The contemnor has proceeded to issue a press statement in utter disregard of the orders of this Honorable Court, blatantly and arrogantly stating that he will not obey the orders requiring the Respondent “status quo ante” to be maintained as ordered by the Honorable Court,” Sakaja claims.
According to court documents, the statement in reiteration not only confirms the Contemnor’s contempt, disregard and disobedience of the court orders but it also amounts to a direct challenge and dare of the authority of the court.
Sakaja also accuses Chacha of summoning him in a bid to cosmetically and belatedly try to cure the defects of the process complained of and by so doing demonstrating that he is clearly bent on disobeying and disregarding the express orders of this Court and unless cited and punished, the contemnor will continue to ignore, demean assume and belittle not only the Court order but also the Authority of this Honorable court.
“An order of the court is not a mere suggestion but rather a binding directive that is issued after ample judicial reflection and circumspection, hence the need for utmost compliance by all persons. The Contemnor herein is no exception,” Sakaja states.
