Kenyatta University Vice Chancellor Olive Mugenda lawyer Njoroge Regeru who has been reinstated for 14 days.
BY SAM ALFAN.
It’s a temporary reprieve for Kenyatta University Vice Chancellor Olive Mugenda after the labour Relations court suspende her ouster for 14 days pending hearing of a case seeking to ouster Mugenda from office.
This is after Employment and labor relations court Justice Mathew Nduma nderi lifted orders initially granted by Justice Helen Wasilwa, which demanded her to proceed on terminal leave to allow for her replacement.
Justice Wasilwa had also stopped the ongoing recruitment for the Kenyatta University Vice Chancellor’s position pending hearing of the petition.
This comes barely three weeks after Omtatah moved to court claiming that Prof. Mugenda had completed her mandatory term and should vacate office on a six-month leave pending retirement.
The activist stated that less than six months to the end of her term, no advertisement has been placed in the media to fill the vacancy.
He said 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.
Last year Labuor Relation Court directed Kenyatta University Vice Chancellor Olive Mugenda to proceed on a six-month terminal leave pending the hearing of a case seeking her ouster filed by activist Okiya Omtatah.
Justice Hellen Wasilwa also stopped the ongoing recruitment exercise for the university’s VC pending the hearing of the petition.
In his petition, Omtatah claims Mugenda has completed her mandatory term and should vacate office, adding that she was appointed VC in 2007 and then reappointed in 2012 by retired President Kibaki for another five-year term.
He said less than six months to the expiry of her term no advertisement has been put in place announcing the vacancy, thus raising suspicion that there could be plans to extend her stay in office.
Omtatah said 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 court quashed the Kenyatta University Council’s advertisement in the media inviting applicants from eligible candidates to fill the vacancy in the office of the VC. This is after Omtatah claimed the petition will be prejudiced if the recruitment process continues.
He urged the court not to allow any vacancies in the public service to be filled without predetermined legal and constitutional criteria.
According to Omtatah, the impugned advert does not meet the threshold for recruiting and appointing persons into public office.
“The advert reads like it is tailor-made to favor a preferred candidate to the exclusion of others,” he says in the affidavit.
The activist 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.
The case will be heard on 18th January 2016 for further directions.
