Meru Senator Mithika Linturi on Wednesday suffered a setback when the High Court declined to allow him to be part of the University of Nairobi students who will be graduating this Friday.
Justice George Odunga ruled that the decision by the university to lock him out of the graduation ceremony cannot be suspended because there would be no case for the court to determine afterwards.
“By granting a stay it means he be allowed to graduate yet the stay in this case will be mandatory and not prohibitory. On the other hand, yes he will lose an opportunity to graduate now but if he succeeds in the case he will still be allowed to graduate,” said Justice Odunga.
“What would happen if the case does not succeed? Would the graduation be undone? A stay is only available if he is seeking orders of prohibition and a graduation ceremony is inconsequential if he is not a student.”
The judge also faulted him for not asking the court for appropriate temporary reprieve saying that he failed to disclose the prejudice he is bound to suffer by missing out in the graduation ceremony.
“He will suffer no prejudice if he does not graduate, there is no evidence of how he will suffer or to convince the court that he should be granted temporary orders,” the judge said.
The legislator sued the institution for deregistering him as a law student following allegations of fake academic papers.
He was set to graduate on December 22 with a Bachelor’s degree in Law following his admission on January 3, 2014 and hoped to join the Masters class and has already paid fees.
Mr Linturi was deregistered for allegedly presenting a forged degree from a University of Marathwada in India, which enabled him to secure his admission to the law school.
The decision to kick out the senator from school was arrived at during the University’s Senate meeting on November 29.