The Employment Court judge has nullified the appointment of Human Resource Manager and Corporation Secretary/Head of Legal Affairs by MERU University Vice Chancellor. The petitioner was represented by Henry Kurauka Advocate.
David Njoe Kithuka filed a petition against Meru University of Science and Technology seeking a declaration that the appointment by Meru University’s vice chancellor of Human Resource Manager and the Corporation Secretary/Head of legal affairs, In January 2023 was invalid null and void.
He wanted a declaration that the school failed to follow the rule of the law in the recruitment of the Human Resource Manager and the corporation secretary head of legal affairs.
It is contested that the school failed to advertise the positions, conduct interviews and there was no transparency in the recruitment of the said staff.
“We are seeking an order to quash the respondents appointment of Human Resource Manager and the Corporation secretary/head of legal affairs in January 2023,”added Kurauka in the petition document.
The petition was opposed by the respondents through a replying affidavit sworn on February 22, 2023 by the vice chancellor of the university.
The petitioner is a Kenyan resident who is aggrieved by the actions of the school in the recruitment of its Human Resource manager and Coop oration Secretary/Head of legal affairs on January 18, 2023 which he says is contrary to the law.
He says the appointment was done on approval of the school council on January 16/2023 and they were to serve on contract basis.
David says that the appointment was made secretly by the vice chancellor since no advertisement was published either internally or externally.
“No interviews were conducted and the recruitment did not meet the legal threshold of competitive and transparent process,” added David.
He contended that the Vice Chancellor is obligated to declare all vacancies within the establishment to the council in accordance with the HR manual, for purposes of filing them in acting capacity.
“In this case, the said vacancies were allegedly not declared by the Deputy Vice Chancellor and besides external recruitment is only considered for Job Grade 2 to 13 if internal advertisements do not yield to any suitable candidate, “added Kurauka in petition.
It is the petitioner’s case that such decision raises integrity issues and it offends article 10 and 73 of the constitution and is shrouded in secrecy.
In response the university said they are aware of this complaint from the head of the Public Service which froze the recruitment of the new staff.
It said that as they wait for approval the vice chancellor made the temporary appointments as mandated by universities statutes provisions schedule 111(2d) which empowers him to do so.
They were to recruit them on a contractual basis not exceeding one year.
The school prayed for the dismissal of this petition terming it as abuse of court process.
The matter continues.
