The Employment and Labour Relations Court overruled former Kenyatta University’s V.C Wainaina’s dismissal by President Kenyatta.
He was dismissed from his duties on July 12th, following his failure to positively respond to a request by Head of Public Service Joseph Kinyua.
Kinyua had written a letter on July 4 instructing the VC to hand over title deeds for the land Kenyatta University stands on. The Head of State planned to donate 410 acres of the land, a request which Wainaina declined. President Kenyatta was angry with the VC and decided to sack him immediately.
“Bado nimebaki na wiki tatu (I am left with only 3 weeks), we shall deal with these individuals swiftly and effectively.” Said President Kenyatta before sacking the Vice Chancellor.
Wainaina unhappy with his dismissal took the matter to court. On July 26th, the Employment and Labour Relations Court have now suspended his informal dismissal, pending a hearing of the case.
“This Honorable Court is pleased to issue a temporary order suspending the implementation of the decision contained in the letter dated 12th July 2022 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,” said Judge Jacob Gakeri.
VC Wainaina’s lawyer, Manwa Hosea also requested the court to issue a conservatory order suspending the decision contained in a letter dated 12th July, by Prof. Crispus Kiamba that suspended Wainaina and appointed Prof. Waceke Wanjohi at an acting capacity.
Furthermore, the court went ahead to issue a restraining order to Kenyatta University from advertising the V.C’s position, with the case pending.
“This Honorable court is pleased to issue a temporary order barring the advertising and/ or appointment of any persons as the Vice Chancellor of the Kenyatta University.”
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The new University Council that replaced Wainaina is chaired by Crispus Kiamba, with Jane Wamoko, Carilus Odumbe, Maj. Gen (Rtd) Bashir Yusuf, Andrew Nyanchoga and Alice Muita as members.
President Kenyatta faulted the university management for failing to give up K.U land and opposing plans for state development projects such as the Sh. 600 million emergency WHO hub that was to be built on the land. He claimed that the land does not belong to the university but rather for to Kenyans
The university management then, led by former V.C Wainaina, complained that the land was already set aside for other development projects.
The council, therefore, refused to give up the title deeds.
“The council will be unable to accede to the request to surrender the title deed to the subject parcel as requested,” reads the statement.