A petition filed by Johnson Litiema, a Kakamega resident, seeking to halt the 21st graduation ceremony of Masinde Muliro University of Science and Technology (MMUST), has been dismissed by the High Court.
Justice Njagi Nderitu ruled that the petition lacked merit and labeled it as frivolous, citing the petitioner’s failure to appear in court for directions.
Litiema’s petition sought to stop the December 11 graduation on claims that the university council chairperson, Dr. Pamela Sitienei, did not meet the legal qualifications for her position as she allegedly lacked a PhD.
He also argued that he could not access the gazette notice confirming the appointment of the university’s Vice-Chancellor, Prof. Solomon Shibairo. Litiema had requested the court to declare all decisions made by the two null and void.
Justice Nderitu had earlier directed the petitioner to serve the respondents for a hearing on December 3. However, Litiema’s failure to appear in court prompted the dismissal. “If he was serious, he should have turned up to prosecute his petition. The petition is hereby dismissed,” the judge remarked.
In her response, Dr. Sitienei, represented by lawyer Edwin Wawire, dismissed the claims as baseless and motivated by malice.
She maintained that her appointment was lawful and that the petitioner failed to present evidence to disqualify her. She also characterized the petition as an attempt to disrupt the university’s operations by a “mere busybody.”
The court sided with Sitienei, ruling that the petitioner had not demonstrated any legal or factual basis for halting the university’s graduation ceremony. Consequently, MMUST’s 21st graduation ceremony will proceed as scheduled.
