A petition filed by a Kakamega resident seeking to stop Masinde Muliro University of Science and Technology graduation has been dismissed.
Justice Njagi Nderitu dismissed the petition after the petitioner Johnson Litiema failed to appear in court for directions on Tuesday.
Judge Nderitu termed the petition frivolous by people seeking publicity. “If he was serious he should have turned up to prosecute his petition. The petition is hereby dismissed,” he said.
Litiema had moved to court seeking orders to stop the university’s 21st graduation set for December 11 on grounds that the university council chairperson Dr Pamela Sitienei was not a holder of a PhD as required by law.
He also claimed that he was unable to access a gazette notice that appointed university VC Prof Solomon Shibairo.
He wanted the court to stop the graduation pending hearing and determination of his petition. He had sought a declaration by the court that all decisions maxed by the two are null and void.
Justice Nderitu had on November 27 directed Litiema to serve the respondents for the parties to appear before him on Tuesday for further directions.
In her response, Sitienei, through lawyer Edwin Wawire, had told the court that the application was merely actuated by malice and ulterior motives.
“I was appointed as the council chairperson of the interested party after the appointive authority was satisfied that I qualify for the position,” Sitienei said.
“The petitioner had not advanced any evidence of my inability to hold my position,” she said.
Sitienei said the orders sought for by the applicant could not be granted as there is no employment and labour dispute between her and the university.
The chairperson said the applicant is a mere busybody who is being
used to create pandemonium at the
institution.