Garissa Governor Ali Korane has filed a fresh application at the Milimani High Court in Nairobi, opposing a petition that is seeking for his removal from office.
Korane wants the court to dismiss a petition filed by Aden Mukhtar that is questioning his academic qualifications.
The governor in the fresh application wants the court to dismiss the petition that he has termed malicious and politically motivated.
Korane argues that the timelines for filing election petitions lapsed and the only avenue he can be removed from office is through impeachment.
"This petition having been filed long after the time allowed by the constitution and statutes has lapsed and as such the court should dismiss the petition," he said in fresh affidivit filed in court on Tuesday.
Korane said that it is only the Senate that has the exclusive jurisdiction to hear and determine the matters set out in the petition.
The petitioner is seeking for Korane's removal from office on allegations that he used fake academic papers to be cleared by the IEBC.
The petitioner wants the court to compel the IEBC and the Commission of University Education to produce original certificates of Korane's academic papers.
The case will be heard on May 29.