Court to rule on DIG Masengeli suit against USIU-Africa over PhD exam
The High Court is set to rule on whether to halt the United States International University-Africa’s September 26 graduation ceremony pending determination of a case filed by Deputy Inspector General of Police Gilbert Masengeli over his delayed PhD examination process.
Lady Justice Nyaundi Patricia Mande heard submissions from Masengeli and USIU-Africa on Wednesday, with his lawyers, Cecil Miller and Danstan Omari, urging the court to suspend the graduation or order the university to include the senior police officer in the graduation list.
Miller told the court that Masengeli had been subjected to a “stonewall of silence” despite completing five years of doctoral studies in International Relations and complying with requirements communicated to him by the university.
The lawyer said Masengeli submitted his corrected dissertation on July 23, 2026, following feedback from his supervisors, but his name was missing from the graduation list and the university had failed to provide him with clear information on the status of his academic process.
“When the list is issued, the petitioner’s name is not there. The petitioner reaches out, makes inquiries, and has not been given any credible information or feedback,” Miller told the court.
Miller argued that the university’s conduct violated Masengeli’s constitutional right to fair administrative action and education under Articles 47 and 43(1)(f) of the Constitution.
He also argued that Masengeli expected to graduate with his cohort after completing the requirements communicated to him during his studies.
Miller urged the court to issue conservatory orders stopping the September 26 graduation ceremony pending determination of the petition.
Alternatively, he asked the court to direct USIU-Africa to include Masengeli in the graduation list.
USIU-Africa, however, opposed the application, arguing that Masengeli had not met the mandatory requirements for the award of a PhD and that the court should not interfere with the university’s academic processes.
Through its lawyer Chefs Njoroge, the university relied on an affidavit sworn by Professor Jeremiah Koshal on September 11, 2026, and argued that its PhD requirements are regulated by the Commission for University Education and cannot simply be waived.
The court heard that Masengeli is yet to defend his dissertation before a panel constituted by the university, with the earliest defence date set for October 6, 2026.
The university further told the court that after the defence, Masengeli would be required to demonstrate that he had published at least two articles from his thesis and obtain confirmation from the library before the Senate could consider his graduation.
“Can this court be called upon to stop a graduation at the behest of a petitioner who has not met the requirements of graduation? We submit it cannot,” Njoroge argued.
USIU-Africa also disputed Masengeli’s claim that he had raised concerns about delays in his academic process, arguing that he had not lodged a formal complaint with the university before August 2026.
The university said its student academic grievance procedure was available to Masengeli, but that his earliest formal complaint was a demand letter dated August 25, 2026.
Njoroge also argued that Masengeli had not applied for graduation and that the August 5 communication from the Registrar’s Department was a general notice to students outlining the graduation process and did not amount to confirmation of his eligibility.
The university further relied on a Court of Appeal decision involving Kenyatta University and Eleanor D. Korir in which the appellate court overturned a decision directing the university to include a student in its graduation list.
Counsel argued that such an order would amount to the court substituting its judgment for that of the university’s academic authorities.
The court was also told that the university’s Senate met on September 10 and determined that Masengeli had not yet met the requirements for graduation.
According to the university, the Senate further resolved that no student should receive special treatment because of threatened or ongoing legal proceedings.
USIU-Africa further argued that stopping the graduation would affect thousands of other students who are not parties to the dispute.
The university urged the court to reject the application, arguing that even if Masengeli were eventually found to have suffered a violation of his rights, monetary compensation could be considered as an alternative.
