Wainaina v Head of Public Service & 3 others [2022] KEELRC 3877 (KLR) | University Governance | Esheria

Wainaina v Head of Public Service & 3 others [2022] KEELRC 3877 (KLR)

Full Case Text

Wainaina v Head of Public Service & 3 others (Petition E129 of 2022) [2022] KEELRC 3877 (KLR) (28 July 2022) (Ruling)

Neutral citation: [2022] KEELRC 3877 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Petition E129 of 2022

J Rika, J

July 28, 2022

Between

Professor Paul Kuria Wainaina

Petitioner

and

Head of Public Service

1st Respondent

Cabinet Secretary Minister of Education

2nd Respondent

The Council, Kenyatta University

3rd Respondent

The Hon. Attorney General

4th Respondent

Ruling

1Court: The dispute involving the KU VC and its council, appears to have resulted in 2 petitions pending before the E&LRC. Petition E 123 of 2022 is pending before LJ Stella Rutto.

2The said judge was also seized of the current petition, from its inception, and gave certain orders. Subsequently, the current petition was placed before Dr Justice Gakeri where interim orders issued.

3Those orders appear at cross-purposes with the earlier orders issued by LJ Stella Rutto. In the view of this court therefore, it is prudent that the current application is heard before LJ Stella Rutto on urgency basis, to avoid a situation where this matter, which has generated considerable public interest is mired in inconsistent orders, issued by different judges of this court.

4LJ Rutto will be in a position to determine if interim orders made in favour of the petitioner should remain in place, and probably determine if the 2 petitions should be consolidated.

5In light of this, it is ordered: -a.The respondents to file and serve their respective responses, by 2. 30 pm today.b.The petitioner may file and serve a supplementary affidavit by 3. 30 pm upon receipt of the respondents’ responses.c.The matter be heard tomorrow before LJ Stella Rutto.d.Interim orders are extended to tomorrow.

DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT CHAKA, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 28TH DAY OF JULY 2022. JAMES RIKAJUDGE