The Employment and Labour Relations Court in Nakuru has revoked the appointment of Maasai Mara University’s Deputy Vice Chancellor for Administration, Finance and Strategy, Prof James Simirei ole Nampushi.
In a judgment delivered on Wednesday, Justice James Rika declared Prof Nampushi’s appointment unconstitutional, null and void, stating that it failed the integrity test and violated the values and principles of public service.
“It is declared that the 1st Respondent (Prof Nampushi) is not fit and qualified to hold the position of Deputy Vice-Chancellor, Administration, Finance & Strategy, Maasai Mara University,” ruled the judge.
The ruling followed a petition filed by Narok resident Jimmy Parnyumbe Luke, who challenged Prof Nampushi’s appointment alleging that he was unqualified for the position.
The Ethics and Anti-Corruption Commission (EACC) presented evidence that also raised questions about Prof Nampushi’s academic credentials and flagged falsified documents.
Justice Rika found that Prof Nampushi’s integrity had been seriously undermined and that he failed to present credible evidence to refute the serious allegations raised by the EACC.
“Falsification of identification documents, which was aimed at securing high public service office, was clearly against the values and principles of high standards of professional ethics, accountability, transparency, and in the end resulted in complete violation of fair competition and merit, as the basis of appointment and promotion, under Article 232 of the Constitution,” ruled justice Rika.
In his petition filed on September 23, 2024 Mr Parnyumbe claimed that Nampushi, who had been serving in an acting capacity before his confirmation, had been promoted under suspicious circumstances despite lacking the minimum qualifications for the position.
The petitioner further accused Prof Nampushi of having questionable academic credentials and character, a poor reputation in management, corruption, indecisiveness and abuse of office.
He alleged that the embattled DVC had mismanaged the university during his acting tenure, promoting impunity and nepotism.
“He oversaw employment of over 40 percent staff from the dominant ethnic community in Narok County, in violation of the National Cohesion and Integration Act, 2008,” read part of the document.
Mr Parnyumbe sued Prof Nampushi, Maasai Mara University, the University Council, the Cabinet Secretary for Education and the Public Service Commission.
In his response, Prof Nampushi defended his appointment saying that he had been competitively appointed to the acting position in 2019 before his confirmation in 2024.
He presented a letter from the Commission for University Education (CUE) dated June 14, 2024, confirming that he held both a Master’s and a Doctorate degree from Clemson University, United States of America.
Prof Nampushi dismissed the petition as malicious arguing that it was intended to tarnish his name and image.
However, it was the evidence presented by the EACC that drew the court’s attention.
The commission submitted an affidavit from its Chief Executive Officer Paul Famba raising concerns about Prof Nampushi’s qualifications.
Also submitted was a letter from the Public Service Commission highlighting issues related to Prof Nampushi’s identification documents and academic certificates.
The court learned that he was among seven candidates interviewed for the position and was ranked among the top three scoring 79.3 percent. The other two top candidates were Prof James Muriithi Njiru and Prof Hellen Kiende Mberia who scored 77.3 percent and 75.3 percent respectively.
However, a letter dated July 2024 from the Public Service Commission drew attention to discrepancies in Prof Nampushi’s identification documents and academic credentials.
It noted that he had altered his date of birth from December 20, 1965 to December 20, 1975. The discrepancy raised doubts when compared with the dates on his CPE and KCE certificates.
The letter also questioned the authenticity of his academic certificates and flagged his failure to submit a letter from the Commission for University Education at the time of interviews confirming the recognition and equivalence of his Master’s and PhD degrees obtained from a foreign university.
