A petition has been filed against the appointments of MMUST Vice Chancellor Prof. Solomon Shibairo and Council Chair Dr. Pamela Sitienei. The petitioner argues that their appointments violate national governance principles and seeks to declare their positions vacant, calling for a lawful recruitment process to be followed.
By Aines Wangila and Faith Anene, Kakamega
A petitioner has moved to court seeking to quash the appointment of Masinde Muliro University of Science and Technology (Mmust) Vice Chancellor Prof Solomon Shibairo and the institution’s Council Chairperson, Dr Pamela Sitienei.
He argues that their appointment contravened the national values and principles of good governance.
The petitioner also wants the court to declare vacant the three positions of three Mmust Deputy Vice Chancellors on grounds that their recruitment was illegal.
John Simiyu Litiema in his petition (E009 of 2024), filed at the Employment and Labour Relations Court in Kakamega, alleges that the Vice Chancellor and the Chairperson erred in law by appointing three substantive registrars and a substantive Internal Auditor.
Prof Shibairo and Dr Sitienei have been listed as respondents in the petition and is calling upon the court to declare all decisions made by the two as illegal, null and void.
“That the 1st respondent (Prof Shibairo) is in office illegally and in contravention of the Universities Act (No 42 of 2012), Section 39(1), and should not be allowed to transact any business on behalf of Mmust,” the petitioner states in his written submissions as seen by County Splash.
The petition further reads: “A declaration that the 2nd respondent (Dr Sitienei- Council Chair) does not hold an earned Doctorate degree from a recognized university, no requisite experience and is not qualified to hold the position of a University Council Chairperson,”
The petitioner in his written submissions further wants an order to revoke the Gazette Notice (N0. 6762) that effected the appointment of Dr Sitienei as Mmust Council chair.
He alleged in his petition that Dr Sitienei only has a Bachelor’s degree in Journalism and being the Council Chairperson, it demeans the credibility of the position, contravenes the constitutions, it’s unfair and unlawful.
“The order of prohibition or injunction against the respondents restraining them from undertaking or implementing any actions or policies, as well as refund the salaries and allowances they have received since their appointment,” the petitioner states in part.
It continues: “An order declaring vacant the positions of Vice Chancellor and Chairperson of the University Council and duly advertise for the recruitment of the same to be done as per the prescribed law,”
The petitioner wants Prof Shibairo, the VC, to be removed from office on grounds that his appointment was not gazetted.
“The VC of a public university shall be appointed competitively by the Cabinet Secretary of Education on the recommendation of the university council. The CS appoints through a gazette notice, which Prof Shibairo does not have even an appointment letter and he is in office as a VC illegally,” his petition states in part.
It continues: “In the case of the VC, no consultation or recommendation was done with the CS to avoid the question of meritocracy and a gazette notice, which could have opened up legal battles against the appointment. The failure to publish the results of the interviews and avoidance of a gazette notice, regularly appointing the entire top management of the university after the recruitment process by the Public Service Commission is null and void,”
The petition is being heard by way of written submissions.
Justice David Nderitu directed that the petitioner serves his written submissions. Mmust management has 21 days to file their responses and serve the petitioner, who has a further 14 days to file further submissions.
The case is coming up on May 13, 2025 when Justice Nderitu will give a date when he will deliver the judgement on the petition.
