Activist withdraws petition challenging appointment of varsity council

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.