The Meru University of Science and Technology Vice Chancellor has suffered a huge blow after the Employment and Labour Relations Court quashed his appointments of senior officials, including an HR and a legal officer, terming the whole process illegal.
While delivering his judgement on a petition filed by Lawyer Henry Kurauka on behalf of David Njoe Kithuka , Justice Onesmus N Makau noted that the VC violated the principle of good governance, contrary to the constitution.
The judge also agreed with Kurauka that massive mistakes were committed during the appointments.
” The appointment by the respondent( the VC was not in accordance with the principle of good governance, and therefore it offends the provisions of Article 10(2) of the Constitution. It also offends article 73 of the Constitution, which provides for the principle of leadership and integrity in a public office,” ruled Judge Makau.
Makau also concurred with Kurauka that the university VC failed to uphold the principle of professional ethics.
” The VC failed to uphold the principle of high standards of professional ethics, efficient, effective, and economic use of public resources, and accountability for administration acts,” Makau added.
He termed the appointments rogue and unacceptable.
” There is no dispute that the VC has made the impugned appointment without the approval of the head public service as required , I hereby grant as sought, and the appointments are declared null, void and quashed,” he said.
Prior to the judgment, Kurauka had told the court that the VC and the university leadership failed to uphold the rule of law by neither advertising, conducting interviews, involving the spirit of competitiveness, nor any other positive thing. He urged the court to declare it, null, void, and quash it.
” The appointment of the HR and the Legal Officer that was conducted on January 18 was done and approved by the respondent council on January 16, 2023 , they were to serve on a contract basis, they were done in a secret way by the VC with no advertisement published either internally or externally, it raises integrity issues and offends articles 10 and 73 of the constitution, contrary to HR procedures manual and the Mwongozo for state corporations,” Kurauka told the court.
Kurauka exposed all the constitutional evils committed by the university leadership in the recruitment process and successfully convinced the court, which quashed the appointment.
