DIG Masengeli sues USIU-Africa over PhD dissertation exams
Deputy Inspector General of Administration Police (DIG-APs) Gilbert Masengeli has sued the United States International University-Africa (USIU-Africa), accusing the institution of delaying communication of his PhD dissertation examination results and putting his participation in the September 2026 graduation ceremony at risk.
Masengeli, who heads the Administration Police Service, filed a constitutional petition and an urgent application at the High Court in Nairobi on September 8, through Miller & Company Advocates.
The matter was certified urgent on September 9, by Justice David Mburu, who directed USIU-Africa to file and serve its response within three days of being served. The case is due for mention on September 15 before Lady Justice Nyaundi Patricia Mande.
According to court documents, Masengeli was admitted to USIU-Africa in September 2021 to pursue a Doctor of Philosophy in International Relations, with his cohort expected to graduate in September 2026.
He says he completed his coursework in August 2023 before proceeding to the dissertation stage under the supervision of Dr Francis Khayundi.
Masengeli states that he submitted his final dissertation proposal on May 30, 2025, and that it was approved for defence on December 15, 2025, following what he describes as repeated follow-ups.
He subsequently obtained Institutional Review Board approval, conducted his fieldwork and submitted his first dissertation draft on June 11, 2026.
He says he submitted further corrected versions on July 14 and July 23 following feedback from his supervisors.
The Deputy Inspector General now claims that, by August 31, examination reports from both the internal and external examiners had been received by the university but had not been communicated to him.
He further accuses the university of failing to clearly inform him of any outstanding requirements that he needed to fulfil before proceeding to the public defence.
“I am therefore presently faced with an unresolved academic process while, at the same time, the Respondent’s graduation ceremony is scheduled for 26th September 2026,” Masengeli says in his affidavit.
Court documents include correspondence between Masengeli and his supervisors concerning the progress of his dissertation.
In an email dated July 16, Dr Khayundi acknowledged receipt of the dissertation draft and informed Masengeli that he and another professor were reviewing it before advising him on the next step.
Masengeli subsequently submitted an updated version of the dissertation on July 23, 2026.
The court has also been shown a communication from the university’s Registrar’s Department dated August 5, extending the deadline for 2026 graduation applications to August 14.
The notice outlined the institution’s graduation clearance process, including verification of academic requirements, financial clearance and library clearance before publication of provisional and final graduation lists.
Masengeli says he formally demanded an update from the university on August 25.
USIU-Africa responded on September 3, referring to “mandatory requirements” and “pending next steps” and stating that the matter had been referred to the Associate Dean of the School of Graduate Studies for immediate attention.
The petitioner argues that the response did not specify the alleged mandatory requirements, disclose the outcome of his dissertation examination or provide a definite timeline for completion of the process.
He further says that on September 4, Dr Khayundi informed him that his dissertation was still undergoing examination and that its outcome would determine whether he would qualify for the public defence.
Masengeli argues that the university’s handling of his academic process amounts to a violation of his constitutional rights, including his right to fair administrative action and education.
He relies on Articles 10, 22, 23, 43(1)(f) and 47 of the Constitution, as well as the Fair Administrative Action Act.
The petitioner argues that Article 47 requires administrative action to be expeditious, efficient, lawful, reasonable and procedurally fair.
He argues that he expected the university to administer his academic process fairly, transparently, consistently and within a reasonable time.
However, Masengeli stresses that he is not asking the court to determine the academic merits of his dissertation or award him a PhD without satisfying the university’s requirements.
“The Court is instead invited to ensure that the Respondent administers its own academic process lawfully, fairly, transparently and within a reasonable time,” the petition states.
Among the orders sought, Masengeli wants the court to declare that he has satisfactorily completed the requirements of the PhD programme and should be included in the final graduation list for the September 26 ceremony.
He is also seeking declarations that the university’s conduct has threatened his constitutional right to education and unlawfully frustrated his legitimate expectation of a fair, transparent and timely academic process.
He further seeks costs of the petition and any other orders the court considers just.
Justice Mburu, in orders issued on September 9, certified the case as urgent and allowed it to be heard during the court’s recess.
USIU-Africa was directed to file and serve its response within three days of service, with the matter set for mention on September 15 before Justice Nyaundi.
