Lawyer Ham Lagat with Felix Kiprono Mategei with who moved to court seeking Professor Henry Thairu resignation as the Chairman of Commission for University Education at Milimani law courts (FILE PHOTO)
BY SAM ALFAN.
Professor Henry Moses Thairu has succumbed to pressure to exit Commission for University Education.
Nairobi Times has learnt the professor has tendered his resignation as the Chairman of Commission for University Education.
In his letter seen by Nairobi TIMES dated 6th October 2016 addressed to Education Cabinet Secretary Fred Matiangi says he has obeyed the court order issued on 30th of September by the High Court.
“Following the Court order issued on 30th September 2016, by the High Court of Kenya, I hereby submit my letter of resignation as Chairman Commission for University Education with immediate effect “says Proffer in his letter.
Lawyer Ham lagat who was for petitioner Felix Kiprono welcomed Prof Thairu terming the decision as proper.
“The resignation is proper. He has obeyed a court order and bowed out honourable..“ The consequence could be much harsh if he wouldn’t have resigned” law Lagat told Nairobi TIMES.
Lawyer Felix Kiprono who moved to court seeking High court to compel Professor Henry Thairu to resign as the Chairman of Commission for University Education welcomed Thairu decision.
“It heralds a good jurisprudence and good precedent to our public service” the locus classicus in the case is that there was connivance and conflict of interest by the said Prof Henry Moses Thairu” said lawyer Felix Kiprono.
High Court has ordered Professor Henry Thairu to resign as the Chairman of Commission for University Education on 30th September.
Justice Joseph Onguto directed Mr Thairu to resign with 10 days.
“The respondent shall within 10days of the date of this order being served upon him or the commission for University Education formally tenders his resignation from the position of lecturer and employee of Kenyatta University and any of its units including the Kenyatta University Consultancy Services Unit or as a chairperson of the Commission for University Commission” court ordered.
He was directed to file his resignation letter in court and with the Deputy Registrar within seven of the date of resignation.
The judge further ordered failure by Professor Henry Thairu tender his resignation as ordered by the court, his appointment as the chairperson of the Commission for University Education shall stand deemed null and void.
The commission was ordered to commence the process of appointing another chairperson of the Commission for University Education after Professor Henry exit.
Mr Onguto issued the orders on Friday following an application by lawyer Felix Mategei accusing the professor of holding two public offices against the constitution as he was serving as a lecturer at Thikaroad based University.
City Lawyer Felix Kiprono Mategei through his lawyer Ham Lagat told the court Thairu served the Commission for University Education while being a lecturer at Kenyatta University.
“Holding two offices at the CUE and KUSCSU was contrary to Article 73 of the constitution and that Prof Thairu has failed the test under leadership and integrity” argued Lagat
Arguing there was conflict of interest, the lawyer said Thairu was likely to be biased.
The judge also directed the chairman to file a compliance letter confirming his orders with the High Court Registrar.
