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The Nairobian

Court rejects bid to stop Masinde Muliro University graduation

Western

By Mary Imenza | Dec 04, 2024

From left: Former Coast Regional Commissioner Nelson Marwa, Masinde Muliro University Vice Chancellor Prof. Simon Shibairo, and University Council Chair Pamela Sitienei during a previous graduation ceremony. [Benjamin Sakwa, Standard]

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

Johnson Simiyu Litiema had filed an urgent petition claiming the MMUST Vice-Chancellor was in office illegally and violating the Universities Act.

He also questioned the academic qualifications of the Council Chairperson, arguing they did not hold a recognised PhD.

However, Justice David Nderitu dismissed the application on Tuesday, noting Litiema was absent during the court session despite filing the case as urgent.

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

The judge added that students were not part of the case, and halting the ceremony would be unfair to them.

“We have many innocent students, some coming from poor backgrounds... it will be unfair for a court to stop the ceremony,” he added.

Advocates for Dr. Pamela Sitienei, the second respondent, also urged the court to dismiss the case, pointing out that similar petitions had been filed before, especially during past graduations.

Litiema had claimed that unless the Vice-Chancellor’s appointment was confirmed and the Chairperson’s qualifications validated, the ceremony would cause irreparable harm to graduates.

He also sought a court order to compel MMUST to account for salaries and allowances paid to both officials since their appointments.

Earlier, the case had been referred from the High Court to the Employment and Labour Relations Court for further action.