Senator Linturi win in degree case set for appeal

Meru Senator Mithika Linturi addresses journalists outside Meru High Court on February 20 2018 regarding a petition against his election. His academic credentials have been questioned. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

What you need to know:

  • The judgment also spares him sleepless nights over allegations of possessing forged academic documents.

The Ethics and Anti-Corruption Commission (EACC) has vowed to appeal the High Court’s ruling that quashed decision to bar Meru Senator Mithika Linturi from graduating with a bachelor’s in law last year.

Justice George Odunga on Friday ruled that the move was unconstitutional, unreasonable, irrational and procedurally unfair.

The judge said the action amounted to a violation of his right to fair administrative action.

“It is clearly inimical to the fair administrative action for an authority to arrive at a conclusion and purport to implement the same and thereafter embark on a process of gathering evidence in support of the said decision,” said Justice Odunga.

THREAT
The judge ordered the University of Nairobi (UON) to readmit him as a student in the School of Law.

Mr Linturi had sued the EACC, the Director of Public Prosecutions, UON and the Independent Electoral and Boundaries Commission. The court also directed the EACC to pay for costs of the suit.

And even though he can still pursue his master’s degree as well as participate in a graduation ceremony to mark the award of his first degree, as for now, because UON was barred from nullifying it until or unless a lawful process of doing so is adhered to, could suggest that he might just not yet be off the hook.

The judgment also spares him sleepless nights over allegations of possessing forged academic documents, which was a potential threat of making him lose his seat.