Education Cabinet Secretary Prof George Magoha’s attempts to reorganise two universities’ councils have suffered a blow.
The High Court revoked the swapping of Masinde Muliro University council chairman with that of Pwani University.
In April, Prof Magoha transferred Dr Jeremy Bundi from MMUST to Pwani University while Dr Jane Mutua, who was serving as Pwani University chairperson, was moved to Masinde Muliro in the same capacity.
This forced Kenya Universities Staff Union (Kusu) to challenge the decision in court.
Kusu said that the law does not allow revocation through a ministerial order or Gazette notice. The appointments were gazetted on April 24.
Justice John M Mativo quashed the appointments saying the application by the union merited and ordered that each party bears its own costs.
“It is my finding that the impugned decision violates the doctrine of the right to legitimate expectation as herein above discussed,” ruled Justice Mativo.
The union had cited sections 36 and 8 of the Universities Act, which bars vacation of office of varsity council chairperson by way of ministerial revocation.
Prof Magoha had argued that he effected the changes at MMUST and Pwani University to improve management and service delivery.
