USIU-Africa Opposes Masengeli’s Bid to Join September Graduation Ceremony
Justice Patricia Mande dismisses Masengeli’s application seeking inclusion in the USIU-Africa graduation list, directing the main petition to proceed.
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Nairobi, Kenya — The United States International University-Africa (USIU-Africa) has opposed an application by Deputy Inspector General of Police Gilbert Masengeli seeking inclusion in the university’s graduation ceremony scheduled for Saturday, September 26, 2026.
The university told the court that Masengeli had not demonstrated that he had met all mandatory graduation requirements or submitted the necessary application to graduate with the September cohort.
USIU-Africa maintained that it was willing to support Masengeli in completing the graduation process should he fulfill any outstanding requirements. However, the institution argued that he could not be included in the upcoming graduation without satisfying the conditions of his academic programme.
Court Declines to Halt Graduation
Lady Justice Patricia Mande declined Masengeli’s request for conservatory orders seeking to stop the graduation ceremony or compel the university to include his name among the graduates.
The judge held that halting the ceremony could adversely affect other students who were not parties to the case.
“Being that the first relief sought adversely affects other students not party to the suit, the prayer for conservatory orders stopping the graduation scheduled for the 26th of September 2026 is hereby declined,” the court ruled.
Justice Mande also found that Masengeli had not established that USIU-Africa or his supervisor had specifically promised that he would graduate with the September 26 cohort.
The court considered emails submitted in support of his application but found no specific assurance that he would be included in the forthcoming graduation.
Dispute Over PhD Graduation Requirements
The legal dispute concerns Masengeli’s PhD programme in International Relations, which he began in September 2021.
According to his petition, Masengeli completed his coursework and examinations before progressing to the dissertation stage. He defended his dissertation proposal in December 2025, obtained the required approvals and subsequently submitted his dissertation for examination.
Represented by senior counsel Cecil Miller and lawyer Danstan Omari, Masengeli argued that he had fulfilled the requirements communicated to him and should have been included in the graduation list.
His legal team maintained that the petition concerned the university’s administrative processes rather than the academic merits of his dissertation.
USIU-Africa, however, argued that Masengeli had not demonstrated compliance with all mandatory requirements or completion of the necessary graduation application process.
Court Dismisses Application and Issues Further Directions
In her ruling, Justice Mande dismissed Masengeli’s application dated September 8, 2026, with costs to abide the outcome of the main petition.
“Ultimately, the application dated 8th September is dismissed, costs thereof to abide the outcome of the main petition,” the judge ruled.
Following the dismissal, the court issued directions to expedite the hearing of the main petition.
Under the directions:
- USIU-Africa was granted seven days to file and serve a supplementary replying affidavit.
- Masengeli was granted five days to file and serve a further affidavit and written submissions.
- The university was granted seven days to file and serve its written submissions.
- Masengeli was granted leave to file supplementary submissions within three days of being served with the university’s submissions.
Case to Return to Court in October
The matter will return to court on October 21, 2026, to confirm compliance with the directions and receive further directions on the highlighting of submissions.
The court’s decision declined to halt the September graduation ceremony but did not determine the substantive issues raised in Masengeli’s main petition.
The outcome of the main petition will determine the further legal and administrative steps in the dispute concerning his PhD graduation process.
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