The Employment and Labour Relations Court has found former Cabinet Secretary Ezekiel Machogu to have unlawfully interfered in the appointment process for the position of Vice Chancellor at Kaimosi Friends University.
Professor John Nandi had moved to court to challenge the unfair decision to deny him the Vice Chancellor position after he successfully competed and emerged as the top candidate following a rigorous selection process.
Justice Mathews Nduma, while delivering the ruling, condemned the actions of the university’s governing council, stating that it had abdicated its legal mandate by yielding to the undue influence of the former Education Cabinet Secretary.
“The unlawful interference by the former Cabinet Secretary in the appointment process undermines the principles of academic independence and governance. The Council’s capitulation to such pressure not only violated statutory provisions but also breached the fundamental principles of transparency and accountability,” Nduma stated in his ruling.
He added that decisions affecting public appointments, particularly in higher education institutions, must adhere to the principles of good governance, transparency, fairness, and accountability.
“This case demonstrates a stark failure in all these areas, and it is the court’s duty to correct such an injustice,” he said.
According to Section 35(1)(v) of the Universities Act, the university council holds the exclusive right to appoint the Vice Chancellor, though it must consult with the Cabinet Secretary.
However, the court found that the council had not only consulted but had inappropriately deferred to the Cabinet Secretary’s influence, which led to the rejection of Prof. Nandi despite his top ranking in the interviews.
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In a Council meeting held on January 2, 2024, members had reached a consensus to appoint Prof. Nandi.
However, the former Education Cabinet Secretary, Machogu, allegedly recommended Prof. Mary Abukutsa for the position, without offering any substantial reasons for overturning the Council’s decision.
The court deemed this intervention to be unlawful, noting that the council had no valid justification for disregarding its own resolution.
“The Council acted unlawfully by disregarding its own resolution and instead yielding to undue pressure from the Cabinet Secretary,” the court’s ruling stated.
The court, however, ordered the Kaimosi Friends University (KAFU) Council to appoint Prof. Nandi as its substantive Vice Chancellor.
By Felix Wanderi.
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