BY NT CORRESPONDENT.
It is a reprieve for the embattled University of Nairobi Deputy Vice chancellor.
This is after Employment and Labour Court ordered the reinstatement of Prof Michael Madara Ogot as the Deputy vice chancellor at the University of Nairobi.
“I do order the immediate reinstatement of the claimant to the position of Deputy Vice Chancellor Research Production and Extension without any loss of pay or benefits,” ordered the judge.
Justice Maureen Onyango said the sacking of Prof Ogot in October last year was without basis because the contents of a circular he has issued, cancelling the installation of Prof Stephen Kiama, as the Vice Chancellor, were factual.
“The order for reinstatement is made based on the fact that the position is still vacant and the claimant’s performance in that position has not been questioned in these proceedings,” ruled the judge.
Prof Ogot had been accused of insubordination after issuing the circular cancelling the installation. This was after Education CS George Magoha had revoked the appointment of Prof Kiama and appointed Pro Isaac Mbeche in acting capacity.
“It is my finding that the claimant acted on authority of his immediate supervisor and the University Board to issue the impugned internal memo dated 18th January 2020,” Justice Onyango said.
The Judge added that the contents of the said circular were factual and that all accusations against Prof Ogot in respect of minutes of the board, insubordination of the Vice Chancellor or any other liability arising from the internal memo were levelled against the wrong person.
The court heard that Prof Ogot was appointed to the position in July 2019 on a five-year contract. He moved to court saying the termination of his employment as DVC was unfair
The installation of Prof Kiama, had been scheduled for January 21, 2020 but it was later cancelled.
He defended himself saying that the board decided that all members of staff, stakeholders and students should be informed that the installation would not proceed.
Prof Mbeche then instructed him, in his capacity as the acting DVC Finance, Planning and Development to draft a letter informing the staff, stakeholders and students that the installation would not proceed.
The university later conducted a disciplinary hearing and concluded that Prof Ogot failed to uphold the rule of law and in the process undermined public confidence in the integrity of his office.
