Court reinstates embattled Kenyatta University VC Prof Paul Wainaina
Embattled Kenyatta University VC Prof Paul Wainaina has been reinstated after being suspended for failing to surrender land to the State for a government project.
Justice Jacob Gakeri certified the matter as urgent and issued an interim injunction preventing Prof.
Wainaina’s suspension. He also ordered that the subject be brought before any judge on July 28 for a hearing involving the two parties.
“Pending the hearing and determination of this application inter-parties, this honorable court is pleased to issue a temporary order suspending the implementation of the decision contained in the letter dated July 12 by Professor Crispus Kiamba in toto suspending, terminating, and/or dismissing the petitioner from the Office of the Vice-Chancellor, rendering his position vacant and/or revoking his salary,” he ruled.
Embattled Kenyatta University VC Prof Paul Wainaina through his lawyer Manwa Hosea, moved to the Employment and Labour Relations Court to bar the enforcement of government orders, arguing that the sacking of a vice-chancellor is a preserve of the university council.
Additionally, Professor Wainaina requested that the court give a conservatory order postponing the decision made in a letter from Professor Crispus Kiamba dated July 12 that suspended him and named Professor Waceke Wanjohi as acting vice-chancellor.
Wainaina requested that the court prevent KU from advertising the position and stop the new university council from enforcing its decision to suspend him for claimed serious misconduct and insubordination.
He also requested that the court void Prof. Kiamba’s order, which made the vice-position chancellor vacant and terminated his salary.
“The Head of Public Service continues to act in a manner that completely flouts the provisions of law on the rights of the applicant and continues to breach his rights to fair labour practices,” Mr Hosea told the court.
“An injustice has been [perpetrated] upon the applicant herein and this honourable court should remedy the said injustice by the Head of Public Service by urgently staying the impugned suspension.”
In two letters dated July 4 and July 7, Head of Public Service Joseph Kinyua directed Prof Paul Wainaina to surrender the title for Kenyatta University LR No. 1102/26 to allow the Ministry of Lands and Planning to take part of the land as directed by the Cabinet.
But Prof Wainaina refused and was subsequently suspended and the university’s council was dissolved.
According to government proposal, 30 acres will be given to WHO for a project, 10 acres to the Centre for Disease Control, 180 acres to KUTRRH (KU hospital) and another 190 acres will be used to settle Kamaye squatters.
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