BY SAM ALFAN.
High Court has quashed University of Nairobi’s decision to deregister Meru Senator Mithika Linturi.
“The decision made against the petitioner (Mithika Linturi) by the 2 and 3 respondents are unconstitutional ,illegal ,unreasonable ,irrational, oppressive and procedurally unfair” ruled Odunga.
Justice George Odunga further ordered the university to reinstate or readmit Senator Linturi to pursue his post graduate studies.
” The University of Nairobi to reinstate the petitioner as a student of University of Nairobi ,school of Law , to pursue post graduate studies leading to the award of the degree of Master of Laws for 2017/2018 academic year unless and until the petitioner’s studies are lawfully terminated” ruled the judge.
The court ruled decision by University of Nairobi and Ethics and Anti-Corruption Commission resulted in violation and infringement and threatens to violate and infringe Senator Linturi rights under Article 47 of the constitution.
In his ruling on Friday, Justice George Odunga further ordered the institution to award the Senator a law degree.
Mr Odunga declared order sought to find Mr Linturi culpable of criminal offences constitute an abuse of power .
The judge further barred EACC,UoN and or DPP from acting over Linturi’s integrity verification report the subjected of these petition.
Senator Linturi defence team was lead by Siaya Senator James Orengo, Prof Tom Ojienda and Kiogora Mugambi. Lawyer Mugambi welcomed the court decision.
“We feel that our client is now vindicated,the trial judge rightly held that the DPP,EACC and the UON had violated our clients right to fair administrative action as Enshrined in the constitution” Lawyer Kiongora said.
LINTURI ACCUSED LAWYER MUGAMBI IMANYARA.
Mr Linturi is accused his opponent in last election lawyer Mugambi Imanyara of using state organs and agencies to intimidate him.
He further accused the lawyer who vyied against him on a PNU ticket and lost of wanting to benefit from his removal from office.
“The fourth respondent (Mugambi Imanyara ) is using state organs and agency to harass ,oppress and persecute the petitioner with ultimate objective of benefitting from removal or barring the petitioner ( Mugambi Imanyara) from holding any public office purportedly for breaching the moral and ethical requirements of chapter of the constitutional” claims Linturi.
He has accused EACC, University of Nairobi ,Inspector General of Police , DPP, and lawyer Mugambi Imanyara of bias and acting in bad faith in making to his detriment.
Mr Linturi alleges he will lose four academic years in which he has undertaking studies in University of Nairobi and he will lose the chance and opportunity of pursuing postgraduate studies for a master degree.
Linturi now wants the court the director of public prosecution, Ethics and Anti-corruption commission and the police barred from investigating or arresting him over his alleged fake degree.
He has filed a suit at the high court saying he’s afraid of being arrested and prosecuted over the said degree unlawfully.
He claims that the police and the DPP are planning to institute criminal case against him based on incomplete and scanty investigations with an aim of annulling his election as a senator and to prohibit him from occupying any public office.
Linturi claims that that the intended prosecution has ulterior and extraneous purpose whose predominant objective is to end his political career as a senator and to close any opportunities.
The senator says that the intended prosecution will make his work difficult and thus will fail in delivery and the mandate
The University of Nairobi has already de-registered and dis-continued the senator from the University and as a result the senator did not graduate in December.
The legislator says that he’s afraid that hell loose four academic years and which he has undertaken studies at the University and loose the chance of pursuing a post graduate studies.
“There’s a threat and likelihood that I may be charged with criminal offences based on incomplete and scanty investigation and which the DPP and the EACC are likely to ignore as exculpatory,” says Minturi.