The Employment and Labour Relations Court found that former Education Cabinet Secretary Ezekiel Machogu had unlawfully interfered with the appointment process for the Vice Chancellor position at Kaimosi Friends University (KAFU). The court’s intervention came after a prolonged legal battle in which Professor John Nandi challenged the decision to deny him the position despite emerging as the top candidate following a rigorous selection process.
The case began when the KAFU Council, during its meeting on January 2, 2024, had reached a consensus to appoint Prof. Nandi as the university’s Vice Chancellor. This decision followed a detailed and thorough selection procedure, where Prof. Nandi had been deemed the most qualified candidate. However, despite the council’s agreement, former Cabinet Secretary Machogu allegedly recommended Prof. Mary Abukutsa for the position without providing any substantial reasons to overturn the council’s decision.
This intervention raised significant concerns about governance and academic independence. The university council, which holds the legal authority to make such appointments, had initially adhered to its resolution to appoint Prof. Nandi. However, under pressure from the Cabinet Secretary, the council decided to reconsider its decision, a move that the court later deemed unlawful.
In its ruling, the court condemned the actions of both Machogu and the KAFU governing council. Justice Mathews Nduma, who delivered the verdict, stated that the council had abdicated its legal mandate by yielding to undue pressure from the Cabinet Secretary. He emphasized that the interference violated the principles of academic independence, transparency, and good governance.
“The unlawful interference by the former Cabinet Secretary in the appointment process undermines the principles of academic independence and governance,” Justice Nduma remarked. “The Council’s capitulation to such pressure not only violated statutory provisions but also breached the fundamental principles of transparency and accountability.”
The ruling highlighted that decisions concerning public appointments, particularly within higher education institutions, must be made with utmost fairness, transparency, and adherence to good governance practices. “This case demonstrates a stark failure in all these areas, and it is the court’s duty to correct such an injustice,” the judge further added.
According to Section 35(1)(v) of the Universities Act, the university council has the exclusive right to appoint the Vice Chancellor, although it is required to consult with the Cabinet Secretary. However, the court found that the council had not merely consulted but had improperly deferred to the influence of Machogu, leading to the unjust rejection of Prof. Nandi, despite his clear qualifications and top ranking in the selection interviews.
The court’s ruling serves as a vital reminder about the importance of safeguarding the integrity of university governance and the autonomy of higher learning institutions. Academic appointments must be made based on merit and through transparent procedures, free from external influence. In this case, the council’s submission to political pressure not only undermined the process but also violated the law that mandates fair and open selection procedures.
Following the court’s decision, Kaimosi Friends University Council has been ordered to appoint Prof. Nandi as its substantive Vice Chancellor. This ruling underscores the judiciary’s role in ensuring that public institutions uphold the principles of fairness, accountability, and the rule of law.
Prof. Nandi, who had successfully navigated the competitive selection process and emerged as the preferred candidate, is now expected to assume leadership at KAFU, bringing to the role his expertise and the legitimacy he rightfully earned. The ruling represents a victory for good governance, reinforcing the need for public institutions to resist undue influence and adhere to statutory guidelines in their decision-making processes.
