The three-judge bench ruled that the case was premature because petitioners did not exhaust all other constitutional mechanisms to determine the validity of the degree.
“The petition before us is pre-mature and must be struck out,” Judge Christine Meoli adjudged.
The bench was constituted by Chief Justice Willy Mutunga to deliver a ruling on a preliminary objection raised by Deputy Governor Hazel Katana.
The petitioners had argued that Joho’s Kampala University degree which he used to secure clearance to vie for the gubernatorial seat was invalid.
The institution has previously defended the degree saying it is authentic.
“Should the allegations that the first interested party (Joho) improperly obtained and utilised a degree were to be true, it would amount to a reprehensible fraud on the people of Mombasa and Kenya,” Meoli however observed.