The Court of Appeal has halted the implementation of a High Court decision that would have seen Prof. Manyasa Nandi appointed as Vice Chancellor of Kaimosi Friends University, pending the determination of an appeal filed by Prof. Mary Abukutsa Onyango.
In a ruling delivered by Justices W. Karanja, F. Tuiyott, and P. Nyamweya, the court ordered that the current status quo be maintained meaning neither Prof. Nandi nor Prof. Abukutsa will assume the office until the appeal is heard and determined.
Prof. Abukutsa had challenged the Employment and Labour Relations Court’s judgment issued on December 19, 2024, which invalidated her nomination and directed the university to appoint Prof. Nandi, citing constitutional violations and breach of merit-based selection under the Universities Act.
Her appeal argues that the Cabinet Secretary for Education, who appointed her, was sidelined by the lower court despite being legally mandated to make such appointments under Section 39(1) of the Universities Act.
The Court of Appeal noted that both parties raised critical legal questions on the role of the Cabinet Secretary in university appointments, warranting appellate review.
“The status quo currently obtaining as regards the office of the Vice Chancellor… shall be maintained pending the hearing and determination of the appeal,” the judges ruled, adding that an acting Vice Chancellor will continue holding the position to avoid a leadership vacuum.
The court also directed Prof. Abukutsa to file and serve her record of appeal within 30 days or risk the lapse of the status quo orders.
