By Faith Anene, Vihiga
The Employment and Labour Relations Court has ordered Kaimosi Friends University (KAFU) Council to appoint Prof John Nandi as its substantive Vice-Chancellor.
This ruling brings an end to a prolonged legal dispute where Prof Nandi contended that he was unfairly denied the position, despite emerging as the leading candidate after a rigorous selection process.
Justice Mathews Nduma Nderi, while delivering the landmark ruling, condemned the actions of the university’s governing council, stating that it had “abdicated its legal mandate” by yielding to the undue influence of former Education Cabinet Secretary Ezekiel Machogu.
“The unlawful interference by the former Cabinet Secretary in the appointment process undermines the principles of academic independence and governance. The Council’s capitulation to such pressure not only violated statutory provisions but also breached the fundamental principles of transparency and accountability,” Judge Nderi stated in his ruling.
He went on: “Decisions that affect public appointments, particularly in our higher education institutions, must adhere to the principles of good governance, transparency, fairness, and accountability. This case demonstrates a stark failure in all these areas, and it is the court’s duty to correct such an injustice.”
The crux of the case centered on whether the university council had unlawfully ceded its responsibility to appoint the Vice-Chancellor to the Education Cabinet Secretary.
According to Section 35(1)(v) of the Universities Act, the university council holds the exclusive right to appoint the Vice-Chancellor, though it must consult with the Cabinet Secretary.
However, the court found that the council had not only consulted, but had inappropriately deferred to the Cabinet Secretary’s influence, which led to the rejection of Prof Nandi, despite his top ranking in the interviews.
In a Council meeting held on January 2, 2024, members had reached a consensus to appoint Prof Nandi.
“The Council acted unlawfully by disregarding its own resolution and instead yielding to undue pressure from the Cabinet Secretary,”~ court
However, the former Education Cabinet Secretary, Machogu, allegedly recommended Prof Mary Abukutsa for the position, without offering any substantial reasons for overturning the Council’s decision.
The court deemed this intervention to be unlawful, noting that the council had no valid justification for disregarding its own resolution.
“The Council acted unlawfully by disregarding its own resolution and instead yielding to undue pressure from the Cabinet Secretary,” the court’s ruling stated.
In addition to the unlawful interference in the appointment process, the court highlighted that Prof Nandi’s constitutional rights had been violated.
Specifically, the court referenced Articles 10, 41, 47, and 232 of the Constitution, which guarantee the right to fair administrative action, equitable treatment in public appointments, and transparency in decision-making processes.
Justice Nderi emphasized that public appointments, particularly those of such significance, must be conducted in accordance with the principles of good governance, fairness, and accountability. The court found that Prof. Nandi’s rights to fair labor practices and transparent decision-making were compromised when the council failed to honor its own process and decision.
The court also directed that the university to cover the legal costs incurred by Prof Nandi in bringing the case forward.
KAFU now faces the task of implementing the court’s orders, marking a new chapter for the institution as it seeks to move past the controversy.
