A Kakamega court has allowed Senator Cleophas Malala to present his papers for clearance to vie for the Governor seat on Tuesday.
Judge P.J. Otieno had earlier issued a ruling barring the IEBC from clearing the Governor aspirant until a case challenging his academic qualification is heard and determined.
The petitions were filed by Fred Muka and Frankline Anguche.
Malala’s lawyers Charles Malala and Grace Mburu however interjected the Judge and informed him that Tuesday was the deadline for clearance for all governor aspirants in the country.
They argued that barring the IEBC to clear him on Tuesday will mean Malala will be out of the race completely saying it will be an injustice to the Senator.
The judge considered their petition and he reversed the order.
He, however, directed that in the event the senator is cleared, his gazettement should be delayed until the case is heard and determined.
“The deadline for the presentation was Tuesday and stopping the senator from presenting his papers would block him from the race unfairly,” the lawyer said Judge Otieno obliged.
Muka and Anguche, through lawyer Ken Nyaundi, are seeking orders to block Malala from the race on the ground that he does not have a valid university degree.
The two claim that there are discrepancies in Malala’s academic papers.
Malala has made public his academic papers by posting them on social media to clear doubts about their authenticity.
Malala is scheduled to present his papers to the electoral agency on Tuesday.