Activist withdraws petition challenging appointment of varsity council
Education
By
Robert Amalemba
| Jul 24, 2024
An activist has withdrawn a petition filed before the Labour Court in Kakamega challenging the appointment of Masinde Muliro University of Science and Technology (MMUST) Council.
Moses Wanjala Lukoye who wanted the council removed from office over allegations that their appointment violated constitutional provisions, made an about-face less than a fortnight after filing the petition in court.
The Bungoma-based activist told the court that his decision was made willingly and was not influenced by external pressure.
"I am the petitioner in the case against the MMUST Council and I have willingly and unconditionally decided to withdraw it. My decision to withdraw the entire petition has been made consciously and without any inducement or threat from anyone," Lukoye stated in his withdrawal note, which was accepted by Justice Jeminah Keli.
The activist assured the court that he had no further claims against the council or its chair, Dr Pamela Sitienei, and confirmed that he had not filed a similar petition nor instructed anyone else to do so in another court.
Lukoye's lawsuit had named the Education Cabinet Secretary, Attorney General, and the eight-member MMUST council. He argued that their appointment did not follow due process under the Universities Act 2012, including conducting interviews for shortlisting and hiring.
The council members named in the lawsuit were Dr Sitienei (chair), Susan Nyaboke Masiga, Dr George Lutomia, Dr Kennedy Ochieng Olunga, Peter Muhia Wanjiko, Grace Wanja Kamotho, and Dorothy Kimeu.
Lukoye contended that the Ministry of Education deviated from its usual practice of publicly listing shortlisted candidates for university chairperson roles on its website, which exposed the process to potential manipulation.
"The Ministry of Education conducted the entire process of shortlisting, interviewing, appointing, and gazetting the MMUST council in an opaque manner, violating constitutional values of transparency, openness, competitiveness, and merit," he claimed.
He further highlighted a Public Service Commission circular on the authentication of academic and professional certificates, claiming that due process was not followed and this allowed individuals with questionable credentials to occupy public service positions unlawfully.
Lukoye alleged that Dr Sitienei holds an honorary doctorate in Divinity, not an earned doctorate as required by the Universities Act No 42 of 2012.
"The irregular appointment of MMUST's chairperson, who lacks a legitimate PhD from a recognised institution and the mandatory ten years of university leadership and management experience, contravenes Chapter Six requirements for public office holders," he said.
"By permitting individuals like Dr Sitienei, who lack proper qualifications, to hold positions contrary to constitutional provisions and relevant legislation, it effectively sanctions the dissemination of counterfeit degrees and academic qualifications," he added.
Lukoye claimed that the council's continued tenure without due appointment process is blatant impunity and lawlessness.
He argued that the proper process for securing council seats involves detailed advertisement of the positions, publication of applicant lists, disclosure of shortlisted candidates for interviews, and subsequent publication of successful candidates.
"I insist that this entire (council recruitment) process must be publicly documented on the ministry's website and in at least two national newspapers, followed by gazettement of the appointments," he stated.
"Justice for all and the rule of law can only be upheld if the positions of the MMUST council are re-advertised, interviews are conducted openly, and the entire interviewing process is transparent to ensure fairness and objectivity," Lukoye added.