UoN Defends Deregistration of Senator Linturi

The University of Nairobi (UoN) lawfully followed due process in deregistering Meru Senator Mithika Linturi as a law student after discovering that his admission documents were allegedly fake, the High Court has been told.

Appearing for the university, lawyer Donald Kipkorir submitted that Linturi was accorded a fair hearing before the institution made the decision to expel him from the law programme.

“Once the University established that the student’s admission documents were fake, it acted strictly in accordance with the law. Something that is generated illegally cannot be allowed to stand,” Kipkorir argued.

Judgment Set for April 5, 2018

The court heard that judgment in the petition will be delivered on April 5, 2018.

Kipkorir told the court that the University had produced all relevant documents, including minutes of the disciplinary committee meetings held prior to the decision to deregister the senator.

He said Linturi was present throughout the disciplinary process and was given an opportunity to defend himself before the final decision was made.

EACC Triggered Deregistration Process

The court was informed that the University of Nairobi acted after receiving a letter from the Ethics and Anti-Corruption Commission (EACC) raising concerns over the authenticity of the senator’s academic papers.

Following internal deliberations, the university deregistered and expelled Linturi with immediate effect.

“The petition lacks merit and legality. Granting it would be akin to rewarding a thief who steals from a bank and builds a hospital,” Kipkorir submitted.

Linturi Challenges Process

Senator Linturi, through lawyers Prof Tom Ojienda and James Orengo, challenged the deregistration, arguing that the university acted unlawfully and in bad faith.

Ojienda claimed that the EACC conducted investigations and arrived at conclusions without first giving Linturi a chance to be heard, a move he said violated constitutional safeguards.

He further argued that the dispute was politically motivated, claiming it was instigated by individuals seeking to challenge Linturi’s seat as Meru Senator.

“If one has a degree from a recognised university, they are qualified to study law,” Prof Ojienda argued.

KCSE Grade Dispute

Prof Ojienda maintained that Linturi obtained a B- grade in KCSE, which qualified him for admission to the UoN law programme.

However, EACC lawyer Edwin Waudo dismissed the claim, telling the court that official records from the Kenya National Examinations Council (KNEC) indicated that Linturi scored a C-, falling below the minimum university entry requirements.

“A law student must meet the minimum entry threshold. Mr Linturi did not,” Waudo submitted.

The court will determine whether the university acted lawfully when it delivers its ruling.