BY SAM ALFAN.
Prof Bernard Otoki Moirongo to remain Jomo Kenyatta University of Science and Technology (JKUAT) Deputy Vice Chancellor finance.
Employment and Labour Relations Court ordered Jkuat to allow Deputy Vice Chancellor finance Prof Moirongo to access his office and resume his duties, pending hearing and determination of a case pending before court.
Justice Stephen Radido also prohibited JKUAT vice chancellor Prof Victoria Wambui Ngumi or anyone working under her authority from denying Prof Moirongo access to his office.
“A temporary order is hereby issued prohibiting the respondent and the interested parties , whether by themselves, or any of their employees or agents or any person claiming to act under their authority from proceeding to advertise a vacancy in the deputy vice chancellor (finance) for Jomo Kenyatta university of Agriculture and Technology pending inter-parties hearing and determination” Judge Radido ordered.
This is after activist Okiyah Omtatah moved to court seeking orders to compel the council of the JKUAT in consultation with the education cabinet secretary of education to reappoint Prof. moirongo as the substantive DVC finance with immediate effect but not later than fourteen days from the date of the court orders.
He also sought orders to compel the council of JKUAT and cabinet secretary to pay Prof Moirongo his rightful exit package as stipulated in clause 11 of the terms and conditions of service for deputy vice chancellor.
Omtatah further sought for declaration the Prof Moirongo is entitled to the exit package as enumerated in terms and conditions of service for deputy vice chancellor.
“A declaration be made that Prof. Moirongo should not be subjected to a competitive process for his second and final term as the DVC finance” urged the activist.
The court was urged to declare that failure to reappoint him is tantamount to unfair and unlawful termination.
He wants the Prof. Moirongo to be appointed with immediate effect and should be declared that the concurrence of the public service commission is not required in the reappointment of Prof Moirongo.
He further urged the court to issue declaration that it is prerogative of the JKUAT council in consultation with the education cabinet secretary to reappoint or reappoint Prof Moirongo based on his previous performance.
He also wants the court to declare that decision to block Prof Moirongo from accessing and acting in the office of the DVC finance is insubordination to the council.
Omtatah arguing that Prof Ngumi had denied Prof Moirongo access to his office, yet the University Council had reappointed him for a second term of five years.
He accused Prof Ngumi of insubordination of the Council and for violating clear provisions of law on the procedure for reappointment of public officials by blocking Prof Moirongo’s reappointment.
He said he is alarmed that the wrangles have intensified in the recent past and spilt into the media, and now threatens to degenerate to the levels we saw with similar disputes at the University of Nairobi.
