Activist Withdraws Petition Challenging Appointment of MMUST Council.
An activist has withdrawn his petition against the Masinde Muliro University of Science and Technology (MMUST) Council. Moses Wanjala Lukoye, who had challenged the council’s appointment on constitutional grounds, reversed his stance less than two weeks after filing the petition in the Labour Court in Kakamega.
Lukoye, based in Bungoma, stated that his decision to withdraw the petition was voluntary and not influenced by any external factors. “I am the petitioner in the case against the MMUST Council. 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 wrote in his withdrawal note. Justice Jeminah Keli accepted this withdrawal.
The activist assured the court that he had no further claims against the council or its chair, Dr. Pamela Sitienei. He also confirmed that he had not filed a similar petition or instructed anyone else to do so in any other court. Lukoye’s lawsuit had initially targeted the Education Cabinet Secretary, Attorney General, and the eight-member MMUST council. He argued that their appointment process did not comply with the Universities Act 2012, which requires interviews for shortlisting and hiring.
The council members named in the lawsuit included Dr. Sitienei (chair), Susan Nyaboke Masiga, Dr. George Lutomia, Dr. Kennedy Ochieng Olunga, Peter Muhia Wanjiko, Grace Wanja Kamotho, and Dorothy Kimeu. Lukoye claimed that the Ministry of Education deviated from its usual practice of publicly listing shortlisted candidates for university chairperson roles on its website. This, according to him, made the process susceptible to manipulation.
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“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,” Lukoye asserted. He also highlighted a Public Service Commission circular on the authentication of academic and professional certificates. Lukoye claimed that due process was not followed, allowing individuals with questionable credentials to occupy public service positions unlawfully.
Specifically, 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 recognized institution and the mandatory ten years of university leadership and management experience, contravenes Chapter Six requirements for public office holders,” he stated. “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 contended that the council’s continued tenure without proper appointment process demonstrates blatant impunity and lawlessness. In addition, he argued that securing council seats should involve detailed advertisement of the positions, publication of applicant lists, disclosure of shortlisted candidates for interviews, and subsequent publication of successful candidates. “I insist that the ministry publicly document this entire (council recruitment) process on its website and in at least two national newspapers, followed by gazetting the appointments,” he stated.
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Lukoye believes that justice and the rule of law require re-advertising the positions of the MMUST council, conducting open interviews, and maintaining transparency throughout the entire process to ensure fairness and objectivity. In addition, he argues that the council’s appointment process is flawed and must be redone to restore public confidence and uphold the principles of merit and transparency.
In summary, Moses Wanjala Lukoye’s withdrawal of the petition against the MMUST Council underscores the need for transparency and adherence to constitutional values in public appointments. While he has stepped back from his legal challenge, his concerns highlight significant issues in the appointment process of university councils in Kenya. The focus now shifts to the Ministry of Education to address these concerns and ensure that future appointments uphold the principles of transparency, merit, and fairness.
Activist Withdraws Petition Challenging Appointment of MMUST Council.
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