The appointment of Kenyatta University's new Vice Chancellor has triggered a fresh legal battle after suspended Deputy Vice Chancellor Waceke Wanjohi moved to court seeking to overturn the decision.
Wanjohi argues that the appointment of Professor John Okumu violated constitutional and legal provisions governing public appointments and wants the Employment and Labour Relations Court to declare the process unlawful.
The case threatens to prolong leadership uncertainty at one of Kenya's largest public universities despite the recent conclusion of the recruitment process.
The court battle could delay Kenyatta University's leadership transition, with judges now set to determine whether the Vice Chancellor recruitment complied with Kenyan law.
Court Battle Throws Fresh Doubt Over Kenyatta University Leadership
Suspended Kenyatta University Deputy Vice Chancellor for Academic Affairs Waceke Wanjohi has filed a fresh petition before the Employment and Labour Relations Court seeking to invalidate the appointment of Professor John Okumu as the university's substantive Vice Chancellor.
The latest legal challenge comes barely days after the university announced Okumu's appointment, ending more than six months of uncertainty following the retirement of former Vice Chancellor Paul Wainaina.
In court documents, Wanjohi argues that the appointment violated the Constitution and was conducted contrary to the law.
She wants the court to issue a declaration that the appointment of Professor Okumu was "unmerited, improper, illegal and contrary to the law" and nullify the decision reached by the Kenyatta University Council.
Justice Jacob Gakeri has directed the Education Cabinet Secretary, the Attorney General, the Public Service Commission (PSC) and the Kenyatta University Council to file their responses within 14 days.
The court has scheduled the matter for mention on October 5.
Wanjohi Seeks Reinstatement and Fresh Orders
Apart from challenging Okumu's appointment, Wanjohi is also asking the court to declare the office of the Vice Chancellor vacant.
She further wants the court to compel Kenyatta University to appoint her as the substantive Vice Chancellor.
The petition also seeks to overturn disciplinary measures taken against her following her suspension.
Wanjohi wants the court to invalidate the suspension and quash a notice requiring her to explain why disciplinary action should not be taken against her over alleged breaches of constitutional provisions on leadership and integrity.
She is also seeking orders reversing the revocation of her appointment as a trustee of the Kenyatta University Staff Retirement Benefits Scheme.
Her lawyer, Chris Mutuku, argues that the disciplinary actions and the Vice Chancellor appointment should both be declared unlawful.
Fresh Case Follows Earlier Court Setback
The latest petition follows an earlier legal challenge filed by Wanjohi over the recruitment process.
She had previously moved to the High Court claiming she emerged as the successful candidate after interviews conducted in March and sought the release of interview scores and recruitment results.
However, that case was struck out after the court ruled that disputes involving recruitment, appointments and disciplinary matters fall under the exclusive jurisdiction of the Employment and Labour Relations Court.
Following that ruling, Wanjohi lodged the fresh petition before the appropriate court seeking similar reliefs.
Meanwhile, Kenyatta University has maintained that Professor John Okumu was lawfully appointed after emerging as the top candidate in a competitive recruitment exercise conducted by the Public Service Commission.
His appointment officially brought to an end months of uncertainty over the university's top leadership position.
However, the latest court challenge could once again place the institution's leadership transition under judicial scrutiny as judges determine whether the recruitment complied with constitutional and legal requirements.
