88 National Examinations Council, in the case of form four certificates, or the Commission for University Education, in the case of university degree. [85] It is not in contention that the Respondent submitted a degree certificate during registration and on the basis of the subject degree, she was cleared. The returning officer depones to this fact at paragraph 11 of her replying affidavit sworn on 14th June, 2022 and filed on 15th June, 2022 as directed by the Panel on the 14th June, 2022. What is in issue is the authenticity of the degree. [86] A reading of Regulation 47 (1) of the Elections (General) Regulations, 2012 leads to the conclusion that all that the Returning Officer ought do is to receive a certified copy of the degree from the candidate, and if issued by a foreign university, the candidate is obligated to seek authentication of that issuing body from the Commission for University Education. As far as the veracity of the said degree is concerned, the Returning Officer does not have the capacity to investigate to establish its authenticity. [87] Holding a degree that is not authentic borders criminal offences which the Commission is ill-equipped to handle. [91] That the allegations made against the respondent herein disclose suspicion as to authenticity of the academic qualifications of the Respondent which squarely fall for investigation and prosecution by the Office of the Director of Public Prosecutions pursuant to a reading of Section 21 as read together with Section 13 (j) of the Elections Offences Act cited in paragraph 89 and 90 above and not the Independent Electoral and Boundaries Commission or the Returning Officer for that matter. [92] In light of the above, it follows, therefore, that the Committee lacks the jurisdiction to hear and determine the subject Complaint. 3.6.2.4 This decision was upheld by the High Court in the case of Gideon Keya & Another v Wavinya Ndeti and Others, Machakos High Court Judicial Review No. 2 of 2022, in the following terms: [116] It is therefore clear that the powers to recognize and equate degrees, diplomas and certificates rests with the 3rd Respondent (Commission for University Education). In undertaking its mandate, it is required to undertake or cause to be undertaken, regular inspections, monitoring and evaluation of universities. In this case the 3rd Respondent confirmed that the institutions from which the 1st Respondent obtained her degrees and certifications are recognized. [117] The applicants have not cited before me any statute that compels the 2nd Respondent to make a decision as regards the recognition or equation of university degrees. They have however cited Regulation 47 of the Elections (General) Regulations, 2012…. [118] With due respect I cannot read into the said regulation any power conferred upon the 2nd Respondent (Independent Electoral and Boundaries Commission) to recognize or equate university degrees. I therefore associate myself with the decision of Mrima J. in Petition E321 of 2022, Dennis Gakuu Wahome vs The Independent Electoral and Boundaries Commission and Others and find that the 2nd Respondent has no power to recognize or equate university degrees and therefore cannot be compelled to investigate the authenticity of a university degree that is already recognized by the 3rd Respondent. 3.6.2.5 Upon completion of the party nomination process, the person seeking to be registered as a candidate must submit duly filled nomination papers, together with evidence of their BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION