Court sends Kenyatta University Vice Chancellor on leave as activist's case continues

The Labour Relation Court has directed Kenyatta University Vice Chancellor Olive Mugenda to proceed on a six months terminal leave pending hearing of a case challenging her ouster filed by activist Okiya Omtatah. Justice Hellen Wasilwa also stopped the ongoing recruitment for the Vice Chancellor’s position pending hearing of the petition.

“This court directs that the ongoing recruitment process be put on hold pending the hearing and determination of the application. Meanwhile, the current Vice Chancellor ought to be on leave for six months awaiting the outcome of the petition,” Justice Wasilwa said.

Mr Omtatah claims that Prof Mugenda has completed her mandatory term and should vacate office. He argues that Mugenda was appointed Vice Chancellor in 2007 and then reappointed in 2012 by President Mwai Kibaki for another five years.

The activist said that less than six months to the end of her term, no advertisement was put in place announcing the vacancy.

Omtatah claimed the best practice in the public service is for those whose terms are about to expire to go on a six-month leave pending retirement.

The Labour Relation Court quashed the Kenyatta University Council’s advertisement in the media inviting applicants from eligible candidates to fill the vacancy.

This is after Omtatah claimed the petition will be prejudiced if the recruitment continues. Omtatah urged the court not to allow any vacancies in the public service to be filled without the predetermined legal and constitutional criterion.

He says the impugned advert does not meet the threshold for recruiting and appointing persons into the public office

“The advert reads like it is tailor-made to favour a preferred candidate to the exclusion of others,” he said in the affidavit.

He said to avoid compromising the public interest, it was important that the process of appointing a new vice-chancellor commences by sending Mugenda on terminal leave. Omtatah claims that the transitional at the university is not being managed according to the law.