Court to rule on DIG Masengeli suit against USIU-Africa over PhD exam

The High Court is scheduled to decide whether to halt United States International University-Africa's graduation ceremony scheduled for September 26, pending resolution of a case brought by Deputy Inspector General of Police Gilbert Masengeli. Masengeli is contesting his exclusion from the graduation list due to delays in his PhD examination process.

His lawyers, Cecil Miller and Danstan Omari, argued that Masengeli has faced a lack of communication and transparency from the university, violating his constitutional rights to fair administrative action and education under Articles 47 and 43(1)(f) of the Constitution. Miller contended that the university should either suspend the graduation or include Masengeli in the list pending the outcome of the legal proceedings.

The university, however, maintained that Masengeli had not met the academic requirements for a PhD and that the court should not interfere with its internal processes. They pointed to an affidavit submitted by Professor Jeremiah Koshal and argued that the university's PhD requirements are regulated by the Commission for University Education, which cannot be disregarded.

The university also disputed Masengeli's claim of having notified the university about the delays, stating that his earliest formal complaint was made in August 2026. They referred to a previous Court of Appeal decision involving Kenyatta University, which upheld the right of academic authorities to determine graduation eligibility.

The university urged the court to dismiss Masengeli's application, stating that monetary compensation could be considered if rights were indeed violated.