The High Court in Nairobi has today reinstated embattled Kenyatta University (KU) Vice Chancellor Paul Kuria Wainaina pending a petition he had filed is heard and determined in due time.
The Employment and Labour Relations Court ordered KU to reinstate suspended Wainaina as a tussle over the institution’s land escalates.
“Pending the hearing and determination of this application inter-parties, this honourable 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,” justice Gakeri ruled.
Wainaina had earlier filed the petition on the contravention of his fundamental rights and freedoms after the University Council through Professor Crispus Kiamba purported to suspend him from his role.
Wainaina argued that the directive was unconstitutional and without any legal authority.
“The Chairman Kenyatta University Council Prof. Shem E. Migot-Adholla responded to the said letter and highlighted the constitutional and statutory anomalies in the purported process of acquisition of the University’s parcel of land and refused to accede to the illegal and non-procedural takeover of the said property,” Wainaina said.
However, in his ruling, Justice Jacob Gakeria certified the matter urgent and directed that the application be placed before any Judge on July 28, 2022 for hearing.
Wainaina on July 12 announced that he had been sacked, and the university council replaced after they refused to hand over part of the institution’s land to the government for World Health Organisation (WHO) to develop an emergency hub.
According to Prof Wainaina his troubles started when Head of Public Service Joseph K. Kinyua, issued orders directing him as the vice chancellor of Kenyatta University to surrender Title Deed for Kenyatta University L.R No. 11026/2 with a view to enabling the Ministry of Lands and Physical Planning to carry out the excision as purportedly directed by the Cabinet.
Due to their refusal to cede the land, the Cabinet Secretary, Ministry of Education sought to disband the Kenyatta University Council and suspend Wainaina.
He said the purported removal from the office and the subsequent replacement is an attempt to unconstitutionally and unlawfully alienate and expropriate the University Land.