Embattled Kenyatta University vice chancellor who was sacked for declining to turn over land to the State for a government project has been reinstated by a court.
Head of Public Service Joseph Kinyua instructed Prof Paul Wainaina in two letters dated July 4 and July 7 to give up the title for Kenyatta University LR No. 1102/26.
The Ministry of Lands was supposed to take some of the land as ordered by the Cabinet.
Prof Wainaina, however, refused and as a result was suspended, and the university council disbanded.
He instead moved to court seeking orders barring the enforcement of the government directive.
Through lawyer Manwa Hosea, the complainant argued that the university council alone had the authority to remove a vice-chancellor from office.
Read: KU Vice Chancellor Prof Wainaina Quits After Uhuru Threatened “Swift” Action Over Land Row
“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,” the court heard.
“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.”
Additionally, Prof Wainaina requested that the court issue 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.
He also requested that the court prevent the varsity from advertising the position and stop the new university council from enforcing its decision to suspend him over alleged gross misconduct and insubordination.
Further, he requested that the court block Prof Kiamba’s directive which made the vice-position chancellor’s vacant and terminated his income.
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Justice Jacob Gakeri certified the matter as urgent and issued a temporary order barring the suspension of Prof Wainaina.
He ordered that the matter be placed before any judge on July 28 for a hearing.
“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,” he ruled.
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