Court Dismisses Petition to Stop MMUST's 21st Graduation

The Employment and Labour Relations Court in Kakamega has dismissed a petition seeking to stop the 21st graduation ceremony of Masinde Muliro University of Science and Technology (MMUST), scheduled for December 11, 2024.

The case was filed by Johnson Simiyu Litiema under a certificate of urgency, seeking to block the graduation on grounds of alleged irregularities in the appointment and qualifications of the university’s leadership.

Litiema claimed that MMUST's Vice-Chancellor was in office illegally and in violation of the Universities Act No. 42 of 2012. He argued that the Vice-Chancellor should not be allowed to conduct any business on behalf of the university. 

Additionally, he alleged that the University Council Chairperson lacked an earned PhD from a recognized institution, as well as the requisite experience for the position. He sought a declaration barring her from transacting any business on behalf of MMUST.

However, on Tuesday, Justice Nderitu dismissed the application, citing the petitioner's absence during the court session despite filing the matter under a certificate of urgency.

“The petitioner filed the application under a certificate of urgency yet he has not appeared to argue the same,” said Justice Nderitu.

He added, “Consequently, the application dated November 27, 2024, is hereby dismissed with no orders as to costs.”

The judge also noted that stopping the graduation would be unfair to the students, who were not party to the petition.

“The petitioner did not include students in his petition. We have many innocent students, some from poor backgrounds, who have toiled under difficult circumstances to qualify for graduation. It would be unfair for a court to stop the ceremony,” said Nderitu.

Advocates representing the second respondent, Dr. Pamela Sitienei, led by Edwin Wafula, also urged the court to dismiss the application, arguing that similar matters have repeatedly been filed in court around graduation time.

In his petition, Litiema argued that the Vice-Chancellor and Council Chairperson should not preside over the ceremony unless their appointments were confirmed to be legal and merit-based. He claimed this would cause irreparable harm to the graduating students if left unaddressed.

Litiema further sought an order restraining MMUST from holding the graduation ceremony until it was confirmed that the Vice-Chancellor had been appointed through a gazette notice or appointment letter from the Cabinet Secretary for Education. 

He also sought proof that the Chairperson held an earned PhD from a recognized university.

Additionally, he requested an order of mandamus compelling the Vice-Chancellor and Council Chairperson to account for all salaries, allowances, and funds handled since their appointments. He demanded that any unlawfully obtained funds be reimbursed.

Earlier, Litiema had filed the application before Lady Justice Betty Chepngetich Soi of the High Court, who referred the matter to the Employment and Labour Relations Court for directions.

“Upon considering the application, it is hereby ordered that the petition be referred to the Employment and Labour Relations Court for directions,” she stated.

This is not the first time MMUST has faced legal challenges regarding its leadership. In July, activist Moses Wanjala Lukoye moved to court seeking the removal of the University Council, alleging irregularities in their appointment. 

Lukoye claimed the council's selection violated constitutional provisions, bypassed required procedures under the Universities Act of 2011, and did not involve interviews for shortlisting and hiring.

Lukoye further alleged that Council Chair Dr. Pamela Sitienei held an honorary doctorate in divinity rather than an earned doctorate, as required by the Universities Act No. 42 of 2012.

“In my petition, which remains unchallenged, I insist that this entire process must be publicly documented on the Ministry’s website and in at least two national newspapers, followed by gazettement of the appointments,” said Lukoye at the time.

However, Lukoye withdrew his petition on July 23 after filing the application.