High Court has quashed the decision by the University of Nairobi (UON) to de-register him from the school of law and ordered that he be awarded a degree.
Justice George Odunga declared the decision unconstitutional, illegal, oppressive and procedurally unfair.
“The decisions made against the petitioner have resulted in the violation and infringement and threatens to violate the fundamental rights of the petitioner,” ruled Odunga.
The judge further gave an order prohibiting the said university from nullifying the said degree unless and till the process leading to the nullification of the degree lawfully adhered to.
Odunga also declared the decision by UON to de-register and discontinue the petitioner from the programmes and studies at the university and stopping him from participating in the graduation ceremony held on 22nd December 2017 were unconstitutional and illegal.
Linturi moved to court in 2017 seeking to block the police from arresting him over the alleged fake degree.
UON de-registered Linturi as a law student for allegedly presenting fake papers to get admission.
The university’s Senate sat and resolved to de-register him following investigations that revealed that the degree from a university in India that he used to secure admission at University of Nairobi in 2014 was forged.
In a certificate of urgency, the Senator wanted the DPP and EACC restrained from probing him and recommending his prosecution pending the hearing and determination of the application.
He had argued that PNU candidate Milton Mugambi Imanyara was using state agencies to harass and intimidate him with the ultimate objective of benefiting from his removal from office.
The petitioner claimed to have been admitted to the university to study a Bachelor of Law degree having attained the academic qualification and met the terms and conditions for admission in the law faculty in the university.
Linturi was among 106 leaders that the Ethics and Anti-Corruption Commission (EACC) flagged as having integrity issues in a list it presented to IEBC in June.
EACC wanted IEBC to block the Senator from running for the Meru seat but he took the fight to the court and got temporary reprieve.