Court overturns CS decree, orders Kaimosi to pick top VC candidate

In a landmark ruling, the Employment and Labour Relations Court has overturned a Cabinet Secretary’s directive and ordered Kaimosi Friends University to appoint a vice-chancellor.

The court ruled that failing to appoint the candidate who scored the highest marks in the interview violated the Constitution.

Prof John Nandi moved to court after being bypassed for the top job, despite emerging as the leading candidate with 82 per cent following a selection process conducted by university council on January 2. 

However, his appointment was blocked when the then Education Cabinet Secretary Ezekiel Machogu, recommended the appointment of Prof Mary Abukutsa.

This prompted Prof Nandi to file a case against Machogu, the Higher Education Principal Secretary Beatrice Inyangala, KAFU Council Chair Bernadette Mungai, and Prof Abukutsa, challenging the decision.

Justice Mathews Nduma Nderi on Thursday ruled that the KAFU council had exclusive powers to appoint a Vice-Chancellor under Section 35 (1)(v) of the Universities Act, 2012, which mandates the council to appoint the VC in consultation with the Cabinet Secretary.

 The court found that the council had unlawfully abdicated its role to the Cabinet Secretary, in violation of the constitution and established legal procedures.

“The council’s decision to override its earlier resolution to appoint Prof Nandi was not only a violation of Article 47 of the Constitution, which guarantees fair administrative action, but also of Article 10, which enshrines transparency, accountability, and good governance in public appointments,” the judge ruled.

Highest marks

The court also noted that Prof Nandi had a legitimate expectation to be appointed to the role based on his stellar performance in the interview and the council’s recommendation.

“The petitioner scored the highest marks, and there were no substantive complaints raised against his candidature during the selection process. Any objections raised thereafter can only be construed as afterthoughts to justify the decision to appoint the fourth respondent,” the ruling stated.

Justice Nduma further criticized the first respondent for acting ultra vires by recommending a candidate outside the council’s selection. 

“The Cabinet Secretary’s role in the appointment process is limited to providing input or raising concerns on the recommended candidate. It does not extend to overriding the council’s decision or imposing an alternative candidate,” the court observed.

The court ordered the KAFU council to immediately appoint Prof  Nandi as Vice-Chancellor of the only university in Vihiga County. It also directed the respondents to compensate him for the violation of his rights, with the amount to be determined during a subsequent hearing.