In a recent ruling, the High Court dismissed a petition seeking to halt the 21st graduation ceremony of Masinde Muliro University of Science and Technology (MMUST), scheduled for December 11, 2024. The petition, filed by Kakamega resident Johnson Litiema, was dismissed by Justice Njagi Nderitu after the petitioner failed to appear in court for the scheduled directions on Tuesday. Justice Nderitu criticized the petition as “frivolous” and pointed out that Litiema’s absence in court indicated a lack of seriousness in pursuing the case.
The legal dispute stemmed from Litiema’s claims that MMUST’s council chairperson, Dr. Pamela Sitienei, was not qualified to hold the position due to an alleged lack of a PhD, which he argued was a legal requirement for the role. Additionally, Litiema raised concerns over his inability to access a gazette notice that appointed the university’s vice chancellor, Prof. Solomon Shibairo. He sought the court to issue orders halting the graduation until the issues surrounding the appointments of Sitienei and Shibairo were resolved. Litiema also requested a declaration that any decisions made by the university council under Sitienei’s leadership be nullified.
Justice Nderitu was firm in his dismissal of the petition, calling it an attempt by individuals seeking publicity at the university’s expense. He emphasized that if Litiema were genuinely concerned about the issues he raised, he would have attended court to present his case. The judge noted that petitions like these, without substantial evidence, often serve no purpose other than creating unnecessary disruption. As a result, the petition was thrown out, and the graduation ceremony is set to proceed as planned.
Litiema’s legal representatives had not presented compelling evidence to substantiate the claims made against the university council chairperson. In her defense, Dr. Sitienei, through her lawyer Edwin Wawire, argued that her appointment had followed due process, with the appointive authority confirming that she met all the qualifications for the position. Sitienei expressed confidence in her appointment and dismissed Litiema’s allegations as baseless and driven by malice. She further pointed out that the petitioner had failed to provide any concrete proof that would justify his demands for halting the graduation.
The university chairperson’s defense emphasized that Litiema’s petition was without merit and based on personal grievances rather than legal grounds. Sitienei also rejected the notion that there was any dispute between her and the university, categorizing the applicant’s actions as an attempt to stir up trouble within the institution.
Litiema’s petition had created a stir in Kakamega and beyond, as the upcoming graduation was a significant event for the university. MMUST, one of the leading public universities in Western Kenya, was preparing for a milestone celebration of academic achievement, and any attempt to disrupt this was met with strong opposition from both the university administration and local stakeholders.
The ruling by Justice Nderitu comes as a reminder of the importance of due process in legal matters, especially when public institutions like MMUST are involved. The decision also reflects the court’s reluctance to entertain frivolous petitions that do not meet the legal thresholds required to bring about a change. By dismissing the case, the court has allowed MMUST to proceed with its planned graduation, ensuring that the focus remains on celebrating the achievements of its students.
For now, the university is moving forward with the preparations for the graduation ceremony, and the legal setback has not deterred the institution from carrying on with its important academic milestone. The dismissal of the petition highlights the court’s commitment to upholding legal standards and safeguarding institutions from unnecessary disruptions.
