Maseno University VC recruitment stopped by the court

The Employment and Labour Relations Court in Nairobi has temporarily stopped the process of appointing a new Vice Chancellor at Maseno University after a legal challenge by Professor Mary Abukutsa-Onyango, who claims she was unfairly locked out of the race.

Justice Dr. Jacob Gakeri, in a judgment read by his associate in the case, allowed the professor leave to file a judicial review against the Public Service Commission (PSC) and Maseno University. This decision paves the way for the case to be taken to a full hearing, where the issues raised will be discussed at length.

Justice Gakeri ruled that the legal threshold required at this stage was met and stated that the issues raised by the applicant were serious enough to be considered further.

The case was arguable and should be heard in a formal hearing, the judge convinced the court.

Professor Abukutsa-Onyango had moved the court through a certificate of urgency seeking immediate intervention to halt the recruitment process.

She specifically prayed the court to nullify the ongoing exercise, including shortlisting of candidates, interviews, and eventual appointment pending the full hearing and determination of her complaint.

She claims that she applied for the post of Vice Chancellor before the deadline of January 9, 2026, but was not shortlisted for the post without any reason, which is the core of her grievance.

She says it was unfair and irregular to leave her out as well.

In her legal counsel to the court, the professor stated that she had applied for top leadership positions at Maseno University, the University of Nairobi, and Kenyatta University.

While the other two institutions acknowledged receipt of her applications, Maseno University did not respond at all, raising concerns about how her submission was handled, she said.

Her lawyer said evidence shows all three applications were lodged within the required time frames. After failing to get feedback from Maseno University, she escalated the matter to the Public Service Commission and the Office of the Ombudsman.

But she said she did not get timely or satisfactory responses from either body.

In turn, the Public Service Commission opposed her application. The commission, through its Chief Executive Officer, Paul Famba, argued that there was no official record that Professor Abukutsa-Onyango had applied for the Maseno University position.

The PSC argued that the documents she submitted as evidence were vague and insufficient proof that her application had, in fact, been submitted.

The commission said the material it had received was difficult to interpret and couldn’t definitively prove she’d gone through the application process as required.

The PSC also argued that the recruitment exercise was already concluded, suggesting that the case was mooted by events.

Despite these objections, the court found that there were significant outstanding issues that had to be resolved.

The first thing to ascertain is whether the professor did send in her application and, if so, what happened to it at the hands of the relevant authorities.

In view of these uncertainties, Justice Gakeri ruled that the leave granted to the applicant would also act as a stay order.

This means the process of recruitment of the Vice Chancellor at Maseno University is suspended until the case is heard and a final determination is made.

The judge said the stay was necessary to maintain the integrity of the process and to ensure that justice is done.

Accordingly, all further steps in the recruitment process are stayed until the conclusion of the judicial review proceedings.