Court Halts Maseno University VC Recruitment After Professor Challenges Process
Justice Gakeri directed that the leave granted would operate as a stay, effectively halting the ongoing recruitment process until the case is heard and determined.
By Ruth Sang
The Employment and Labour Relations Court in Nairobi has temporarily suspended the recruitment of a new Vice Chancellor for Maseno University following a legal challenge by Prof. Mary Abukutsa-Onyango, who claims she was unfairly excluded from the process.
In a ruling, Justice Dr. Jacob Gakeri granted the professor leave to file judicial review proceedings against the Public Service Commission (PSC) and Maseno University, allowing the case to proceed to a full hearing.
“The court is satisfied that the Applicant has an arguable case in the first instance and the application for leave is merited,” Justice Gakeri ruled.
Prof. Abukutsa-Onyango had moved to court under a certificate of urgency seeking to halt the recruitment process, including shortlisting, interviews, and the eventual appointment, pending determination of her case.
She told the court that she applied for the position before the January 9, 2026 deadline but was excluded from the shortlist without explanation. Through her lawyer, she said she had also applied for similar positions at the University of Nairobi and Kenyatta University, where her applications were acknowledged.
However, she claimed her application to Maseno University was not recognised despite being submitted on time. She further stated that she had lodged complaints with the PSC and the Ombudsman after receiving no feedback, but did not get a response.
The PSC opposed the application through its Chief Executive Officer Paul Famba, arguing that there was no record of the professor’s application for the Maseno University post.
“The evidence availed by the Applicant to show that she applied was illegible and difficult to make any conclusion,” the commission stated in court documents.
The commission also argued that the recruitment process had already been concluded, making the application overtaken by events.
Despite the objections, the court found that key issues remained unresolved, particularly regarding whether the application had been submitted and how it was handled.
Justice Gakeri directed that the leave granted would operate as a stay, effectively halting the ongoing recruitment process until the case is heard and determined.
“The prayer that leave act as stay appears merited in the interest of justice,” he ruled.
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