The Employment and Labour Relations Court has ruled in favour of Kenyatta University (KU) Vice-Chancellor following his dismissal by President Uhuru Kenyatta.
Prof Wainaina had refused to give away part of Kenyatta University’s land to the government for a proposed development project. This led to him being dismissed by the Head of State but he was reinstated following a court ruling.
On Tuesday the 26th of July, Justice Jacob Gakeri issued a temporary restraining order against Wainaina and instructed the case to be heard on the 28th of July for a hearing comprising of multiple parties.
“Pending 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 total suspending, terminating, and/or dismissing the petitioner from the Officer of the Vice-Chancellor, rendering his position vacant and/or revoking his salary,” ruled Justice Gakeri.
Wainaina’s lawyer Manwa Hosea had urged the court to issue a conservatory order suspending the decision contained in Professor Crispus Kiamba’s letter dated the 12th of July which suspended the KU VC and appointed Prof Waceke Wanjohi in his place as the acting VC.
In addition, Hosea directed the court to issue orders that prohibited Kenyatta University from advertising the position of Vice Chancellor until the case is heard and then decided.
Besides, Lawyer Hosea implored the court to issue orders prohibiting Kenyatta University from advertising the VC position until the case is heard and a decision arrived at.
Hosea also called on the court to stop the implementation of the new university council’s decision which suspended Prof Wainaina for alleged gross misconduct and insubordination.
Through his lawyer, Prof Wainaina petitioned the court for an order prohibiting the enforcement of the orders issued by the Head of Public Service Joseph Kinyua, saying that the termination of his client’s employment was a matter that was to be handled by the University Council.
This came after President Uhuru Kenyatta criticized the university management for opposing plans to give away part of the institution’s land to the World Health Organization to allow it to build a Kshs. 600 million emergency hub to support its operations in the region.
On their part, Kenyatta University’s administration complained that the proposed facility was going to be built without its permission and that the 200 acres where the hub would be built had already been allocated for other development projects by the institution.
However, the Head of State slammed those who opposed WHO’s emergency hub project during its commissioning, saying that the land belongs to Kenyans and not individuals.