Barely a month after he was confirmed as the sixth Vice Chancellor of Egerton University, Prof Isaac Ongubo Kibwage has found himself battling a legal suit seeking to revoke his appointment.
The petition that is pending before the Employment and Labour Relations Court in Nakuru is now what stands between his smooth transition from an Acting capacity to a substantive VC.
The University Council announced its decision to appoint him on October 5, following an impugned recruitment process in which seven candidates had been shortlisted for the interviews.
His appointment was pending gazettement by the Public Service Commission before a group of human rights defenders rushed to court seeking to revoke his appointment.
The lobby, Trusted Society of Human Rights Alliance, filed a petition on October 28 seeking orders to stop the gazetement pending hearing and determination of the case.
In the case, they claim Prof Kibwage lacks ethical standards, integrity and failed the requirements of chapter six of the Constitution.
Through a supporting affidavit sworn by Paul Maina Mugo the court heard that the university’s council, which conducted the recruitment, ignored evidence that they had given showing why Prof Kibwage was unsuitable for the appointment.
He accused the VC of exhibiting a record of nepotism and tribalism, especially in appointments and promotion while acting in previous capacities.
The group further argued that the recruitment process was done unprocedurally as it was neither approved by the Cabinet Secretary nor conducted within university premises.
“The recruitment and appointment of Prof Kibwage was marred with irregularities, secrecy illegalities, lack of integrity and accountability and unfair competition and hence illegal, unlawful and impeachable,” read part of the application.
The petitioners have sued Egerton University, Public Service Commission and Education Cabinet Secretary George Magoha. Prof Kibwage has been listed as an interested party.
In his defence, however, Prof Kibwage, through his lawyer Wekesa Simiyu, argues that the petition is malicious and false in material facts, saying his appointment was legally done through a competitive process.
“The VC was duly appointed in accordance with law by the University council and has already accepted the appointment which took effect on October 5. The orders sought are therefore overtaken by events and ought not to be granted,” read the application.
Justice Hellen Wasilwa has now ordered for the status quo at the institution to be maintained until November 16 when she will give new directions.
Prof Kibwage took over the leadership of the University from his predecessor Prof Rose Mwonya who retired in January 12, 2021.
