The High Court has declined to stop the United States International University-Africa (USIU-Africa) graduation ceremony scheduled for September 26, 2026, following a petition by Deputy Inspector General of Police Gilbert Masengeli over his exclusion from the graduation list.
Lady Justice Patricia Mande dismissed an application by Masengeli seeking conservatory orders to halt the graduation and, in the alternative, an order compelling the university to include his name among the graduates.
In her ruling, Justice Mande said the prayer to stop the graduation could adversely affect other students who were not parties to the case.
The judge also found that Masengeli had not established that the university or his supervisor had specifically promised that he would graduate with the cohort scheduled for September 26.
The court considered emails presented as part of the supporting documents but found no specific promise that Masengeli would be included in the forthcoming graduation.
“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.
On the alternative prayer, the court said there was no established specific promise to Masengeli that he would graduate in the September cohort.
“Ultimately, the application dated 8th September is dismissed, costs thereof to abide the outcome of the main petition,” Justice Mande ruled.
Masengeli, represented by senior counsel Cecil Miller and lawyer Danstan Omari, had argued that he had fulfilled the requirements communicated to him and should have been included in the graduation list.
The dispute concerns his PhD programme in International Relations, which he enrolled for in September 2021.
According to his case, 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.
His lawyers argued that the petition concerned the university’s administrative process rather than the academic merits of his dissertation.
The university, however, opposed the application, arguing that Masengeli had not demonstrated that he had met all mandatory requirements for graduation or made the necessary application to graduate.
USIU-Africa maintained that it could support Masengeli in completing the graduation process if he fulfilled any outstanding requirements, but that he could not be included in the September cohort without satisfying the programme’s conditions.
Following the dismissal of the application, the court granted directions to fast-track the hearing of the main petition.
USIU-Africa was granted seven days to file and serve a supplementary replying affidavit to the petition. Masengeli was granted five days to file and serve a further affidavit and written submissions.
The university was also given seven days to file and serve its written submissions, while Masengeli was granted leave to file supplementary submissions within three days of being served with the university’s submissions.
The matter will return to court on October 21, 2026 to confirm compliance with the directions and for further directions on the highlighting of submissions.
