Court Rules Against Kenyatta on KU VC Wainaina’s Sacking
The Employment and Labour Relations Court has ruled against President Uhuru Kenyatta’s attempt to fire Kenyatta University Vice Chancellor Paul Wainaina.
This comes after the court reinstated Prof Wainaina after he was suspended for refusing to cede part of Kenyatta University’s land to the state for a proposed development project.
On Tuesday, July 26, Justice Jacob Gakeri issued a temporary restraining order against Wainaina and directed that the case be heard by any judge on July 28 for an inter parties hearing.
“Pending hearing and determination of this application inter-parties, this honorable court is pleased to issue a temporary order suspending the implementation of the decision contained in the letter dated July 12 by Professor Crispus Kiamba in toto suspending, terminating, and/or dismissing the petitioner from the Office of the Vice-chancellor, rendering his position vacant and/or revoking his salary,” he ruled.
His lawyer, Manwa Hosea, had asked the court to issue a conservatory order suspending the decision contained in Professor Crispus Kiamba’s letter dated July 12 that suspended the VC and appointed Prof Waceke Wanjohi as acting VC.
Hosea also asked the court to issue orders prohibiting Kenyatta University from advertising the position of Vice Chancellor until the case is heard and decided.
Hosea also asked the court to halt the implementation of the new university’s council decision, which suspended Prof Wainaina for alleged gross misconduct and insubordination.
Prof Wainaina, through his lawyer, petitioned the court for an order prohibiting the enforcement of the orders issued by Head of Public Service Joseph Kinyua, arguing that the termination of Prof Waina’s employment was a matter for the University Council.
“The Head of Public Service continues to act in a manner that completely flouts the provisions of the law on the rights of the applicant and continues to breach his right to fair labour practices,” Hosea told the court.
“An injustice has been perpetrated upon the applicant herein and this honorable court should remedy the said injustice by the Head of Public Service by urgently staying the impugned suspension,” he added.
This follows President Uhuru Kenyatta’s criticism of the university’s management for opposing plans to cede part of the institution’s land to the World Health Organization in order to build a Ksh600 million emergency hub to support its regional operations.
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Kenyatta University had complained that the proposed facility would be built without its permission and that the 200 acres where the hub would be built had already been set aside for other development projects.
President Kenyatta slammed those opposed to the WHO emergency hub project during its commissioning, claiming that the land belongs to Kenyans, not individuals.