CONTROVERSY: Prof Stephen Kiama.
Image: COURTESY
Image: COURTESY
Embattled University of Nairobi VC Stephen Kiama will continue serving in his position following a court decision.
In January, Prof Kiama was appointed vice-chancellor but Education CS George Magoha revoked the appointment, forcing him to move to court. Yesterday, Employment and Labour Relations Court judge Maureen Onyango marked the case as settled after the CS withdrew the letter that revoked the appointment that was announced by council chairperson Julia Ojiambo in January.
The decision came as a big relief to Kiama who had faced rejection from a section of the university staff shortly after the revocation letter was made public.
Yesterday, lawyer Fred Ngatia, representing Kiama, told the court there was some development in the case as Magoha had sought to have the issue settled out of court. He added that a compromise had been reached between Kiama and Magoha.
“The CS has agreed to withdraw and revoke the letter dated January 17, 2020, in which he sought to revoke the appointment of the petitioner," Ngatia said.
However, UoN Council, through lawyer Ahmednassir Abdullahi, said he wanted the CS to pay for the cost of the suit.
The decision to withdraw was made last month when Magoha requested the court to grant him 30 days to negotiate with Kiama in resolving the leadership crisis at the university.
Lawyer Mahat Somane, representing the CS, had told Justice Onyango that Magoha was willing to negotiate with Kiama if given the 30 days.
"Further consultations are required to settle this matter. We request 30 days to have the matter settled. We seek 30 days with a view to engaging and filing a consent. If the contestants are willing and have agreed to try to resolve this matter amicably, it should be only fair they board that train,” Mahat said.
Lawyer Paul Nyamodi, representing the Public Service Commission, agreed to the request saying he was open to any opportunity to settle the matter by negotiation or conversation. But Ahmednassir demanded that the negotiation include all parties, not just the CS and Kiama. Ngatia supported the position.
“What my client thinks is that the respondent (CS Magoha) wants to reflect on his decision. In that reflection, the solution is obvious. There was no negotiation and my client is in office through a statutory process,” Ngatia said.
He proposed the matter comes up for hearing on March 5 and not mention as earlier scheduled if parties don't agree. "If the reflection leads the CS to the right decision, then we will not need a hearing."
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