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DPP directed to file proper charges against directors of fake degrees university
Northwestern Christian University College directors Moses Masiga (left) and Jackson Khayumba when they appeared before the Mombasa Law Court March 3, 2025.
What you need to know:
- The prosecution had suggested that the court only reads the first count and then the names of the other complainants to avoid duplicity.
- The two suspects were released on a Sh500,000 bond each with a surety of a similar amount or an alternative cash bail of Sh400,000.
The Director of Public Prosecutions Renson Ingonga has been directed to file proper charges against two directors of Northwestern Christian University who were arrested for operating a university without a charter and conferring degrees without accreditation.
Shanzu Principal Magistrate Leah Juma on Monday rejected the 120 counts that the Office of the Director of Public Prosecutions (ODPP) had filed against Moses Masiga and Jackson Khayumba.
“In my opinion, the charge sheet as presented by the prosecution of 120 counts, despite being similar, is not proper. The fact that the prosecution has prayed that this court just reads the first count and then proceeds to read the names of the other complainants means that they are admitting that the charges, as listed, are not proper before this court,” said the magistrate.
Ms Juma noted that the court is mandated under the law to disallow a plea for reasons to be given by the court at the plea stage.
The prosecution had suggested that the court only reads the first count and then the names of the other complainants to avoid duplicity.
“In the circumstances, I will give the prosecution time to avail proper charges before this court, charges that are manageable and consistent with the law,” said the magistrate.
In the meantime, the magistrate released Mr Masiga and Mr Khayumba on a Sh500,000 bond each with a surety of a similar amount or an alternative cash bail of Sh400,000.
“The cash bail depositor or the surety is to appear with a letter from the area chief confirming that the accused persons are well known to them. The case will be mentioned on April 7, for the prosecution to avail proper charges before this court. Plea is deferred until then,” said the magistrate.
According to the charge sheet presented before Shanzu Court, Mr Masiga and Mr Khayumba operated the university without a charter or interim authority contrary to Section 13(1) (2) as read with Section 28(5) of the Universities Act Cap 210.
The details of this accusation are that the two, on October 13, 2020, jointly with others not before the court, established a university in the name of Northwestern Christian University College without a charter or an interim authority from the Commission for University Education.
This offence is alleged to have been committed at Bombolulu Ward, Nyali Constituency, in Mombasa on October 13, 2020.
In other counts numbering 119, the state accused the two of offering degree programmes without accreditation of foreign universities contrary to Section 28(2), (3) as read with Section 28(5) of the Universities Act.
Here, the state alleges that the two, jointly with others not before the court, being directors of Northwestern Christian University College, an institution affiliated with Power Ministries International Inc, unlawfully offered Doctor of Philosophy in Leadership, Administration and Management (PhD) to various graduands without accreditation from the Commission for University Education.
This offence is alleged to have taken place at Wildwaters in Nyali on February 28.
Mr Masiga and Mr Khayumba did not, however, plead to these charges after the court rejected the 120 counts, saying the same were not proper. The case will be mentioned on April 7.
