Muka v Mungai, Chairperson Kafucouncil & 3 others; Nandi & 3 others (Interested Parties) (Employment and Labour Relations Cause E103 of 2025) [2025] KEELRC 3095 (KLR) (7 November 2025) (Ruling)

Summary at a glance

Facts

The 2nd Interested Party/Applicant filed a Notice of Motion seeking orders to restrain the 3rd Respondent from presiding over the graduation ceremony and to appoint a qualified and neutral senior academic officer as acting Vice Chancellor.

Issues

• Whether the application lacks legal standing or authority to interpret, vary, or declare appellate or superior court orders 'spent' or 'lapsed'
• Whether the application amounts to the court sitting on appeal or conducting a review of appellate or superior court orders

Reasoning

The Court of Appeal's orders in Civil Application No. E028 of 2025, consolidating related proceedings, expressly directed that the status quo with regard to the office of the Vice Chancellor of Kaimosi Friends University be maintained pending determination of the intended appeal. The application is dismissed as it amounts to the court sitting on appeal or conducting a review of appellate or superior court orders.

Outcome

Dismissed

Orders

• The application is dismissed.
• The status quo as regards the office of the Vice Chancellor of Kaimosi Friends University shall be maintained pending determination of the intended appeal.

Authorities cited