By Douglas Dindi
For the fourth year running, Masinde Muliro University of Science and Technology (Mmust) will hold a graduation ceremony without a substantive Vice chancellor.
That is after the appellate court restored the university council that had earlier been invalidated by the High court-
The acting VC Prof Solomon Shivairo has confirmed that the annual ceremony to confer diplomas, degrees and PHDs to graduating students will be held virtually on August 20th in observance with the Coronavirus protocols.
The new date was announced after the university was granted
conservatory orders staying the execution of a judgement issued by the Employment and Labour Relations Court invalidating the appointment of the university council by education minister last April.
A resident Moses Wanjala Lukoye filed a petition that successfully challenged the appointment of the Council by education cabinet secretary Prof. George Magoha.
The ELC agreed with Lukoye’s argument that the education CS breached the constitution and the University Act 2012 in the appointments of Jane Musangi as council chairman and Stephen Mutoro, Connie Mogaka, Joshua Onyango Ogango and Gad Gathu Kiragu as members.
Mmust the lodged a notice of appeal against Justice Stephen Radido ruling delivered through Microsoft arguing the university was not party neither was it served with suit papers whose final edict had literally crippled its functions.
The Court of Appeal issued the stay orders on June 17th and directed the appellant to file her submissions within fourteen days up to June 30th, fixed a mentation date for July 29th and reserved December 8th as judgment date.
That inadvertently means the university will be without a substantive VC for the next five months.
Absence of a legally constituted University Council has been behind the Mmust decision to postpone indefinitely an earlier date for graduation ceremony that was fixed for last May.
In his ruling Justice Radido noted the inconsistencies in the respondents’ statements and declared the appointment of the Mmust council and its chair in breach of article 10 of the constitution and nullified it.
Subsequently the ELC quashed the gazette notice No.2365 that
purpotrted to gazette the name of Musangi as Mmust council chairperson and those of Mutoro, Mogaka, Ogango and Kiragu as members.
The recruitment of the Mmust council and senior academic staff has remained a tug of war pitting the education CS, Public Service Commission (PSC), the Kenya University Staff Union (KUSU) and civil rights activists since the exit of the late VC prof Fredrick Otieno back in 2018.
Besides the suit pending before the appellate court, activist Okiya Okoiti Omutata has also taken the university to court over the appointment of the Vice Chancellor.
Omutata wants a re-advertisement of the vacancy in the office of the VC quashed arguing that a restart of the recruitment exercise was unfair labour practice and a waste of public resources given that it had already been concluded and that only appointment exercise was pending.
He says the minister should pick the university leadership from among the names submitted by PSC because the exercise was never invalidated by court.
According to results of the August 2019 recruitment exercise, Prof. Mburungu, former Mmust Deputy VC incharge of Finance and Administration Prof. Makhanu Sibilike and Jaramogi Oginga Odinga Uuniversity of Science and Technology (Jooust) Vice chancellor Prof. Joseph Borise emerged top.
Also serving in similar acting capacity at the institution includes Prof. Judith Achoka (Planning, Research and Innovation), Prof Charles Mutai (Administration and Finance) and Dr. Patrick Ojera (Academic and Students’ Affairs).
