BY SAM ALFAN.
Education CS George Magoha has suffered a blow after a judge declined to suspend orders revoking the appointment of Isaac Mbeche as the acting vice chancellor of University of Nairobi.
Instead, Justice Maureen Onyango of labour court directed all parties to argue the case on Friday, after certifying it as urgent.
Prof Magoha through lawyer Evans Monari moved to court Wednesday afternoon saying that the court was misled by professor Stephen Kiama Gitahi into issuing the orders.
He added that there is a vacancy in the office of the vice chancellor.
The lawyer asked the judge to vary the orders so that the CS can appoint an acting vice chancellor or Deputy vice chancellor to enable the University continue with its critical administrative functions.
The CS further said it would also stop misrepresentation by Kiama as the vice chancellor of the institution.
Monari said ex-parte orders issued on Monday in effect paralysed the proper functioning of the University adding that there is a lacuna in the office of the vice chancellor and the council of UoN.
“Unless the ex-parte orders are set aside, the University of Nairobi is unable to undertake critical administrative functions required of the office of the Vice Chancellor and the council of UoN,” claims the CS.
Lawyer Monari argued that despite the lacuna, Prof Kiama has proceeded to misrepresent himself as the vice chancellor of the University and made drastic decisions pertaining the running and management of the institution and deceiving the public.
Monari told the court that there is fundamental miscarriage of justice, which has been occasioned by the issuance of the order.
He said the court was misled into issuing the order by misrepresenting material facts relating to this suit.
Specifically, the purported appointment of Prof Kiama as the Vice Chancellor of University of Nairobi was not done in consultation with the education cabinet secretary as required under section 35(1)(a)(v) of the Universities Act, N 42 of 2012. No evidence has been submitted by the Petitioner that such consultation was done as required by law.
“The appointment of the Petitioner (Prof Kiama) as the Vice Chancellor of the UoN was therefore fatally flawed, resulting to the revocation of the said appointment by the Cs and appointment of the University of Nairobi as Vice Chancellor of facility in an acting capacity, pending appointment of a Vice Chancellor as per the law,” he adds.
The lawyer said that court has issued the ex Parte Orders without any basis for the grant of the orders, and on misrepresentation of facts by the Prof Kiama.
Monari further said court does not reinstate the Prof Kiama as the Vice Chancellor of the University of Nairobi and the effect of these orders is that there is currently a vacancy in the office of the Vice Chancellor.
He also said the University is in placed in limbo or paralyzed as it is unable to perform critical functions particularly set out in the University Act, No 42 of 2012 and the Charter of the University. The inability of the interested Party to perform such critical functions is compounded by the fact that there is currently no Council of the UoN.
“It is also important to note that despite the afore stated vacancies pursuant the Ex parte Orders, the Petitioner is representing himself as the Vice Chancellor of the 2nd Interested Party, compromising the interests of the 2nd Interested Party in the process and deceive g the public at large”, added Monari.
