Republic v Vice Chancellor (U O N) & 4 others Ex-parte Kisemei Mutisya [2018] KEHC 8158 (KLR)
- Court
- High Court of Kenya
- Case number
- 8158
- Citation
- [2018] KEHC 8158 (KLR)
The court finds the reappointment of Professor Philip Nyiroru unlawful and quashes the decision.
Facts
Kisemei Mutisya, the ex parte applicant, seeks to quash the decision to reappoint Professor Philip Nyiroru as the Head of Department of Political Science and Public Administration at the University of Nairobi. The applicant alleges that Nyiroru's conduct did not warrant reappointment and that he had already served for nine years, exceeding the two-term limit.
Issues
- Reappointment of Professor Philip Nyiroru as Head of Department of Political Science and Public Administration at the University of Nairobi
- Validity of Nyiroru's reappointment based on the two-term limit of nine years
Reasoning
The court considers the parameters of judicial review and the principles of fairness and legality. It holds that Nyiroru's conduct did not warrant reappointment and that he had already served for nine years, exceeding the two-term limit.
Outcome
The court quashes the decision to reappoint Professor Philip Nyiroru as the Head of Department of Political Science and Public Administration at the University of Nairobi.
Orders
- Order of Certiorari to quash the decision to reappoint Professor Philip Nyiroru as the Head of Department of Political Science and Public Administration at the University of Nairobi.
- Order of Prohibition to prohibit Professor Philip Nyiroru from acting in the capacity of the Head of Department of Political Science and Public Administration at the University of Nairobi.
Remedies
- Quashing of the decision to reappoint Professor Philip Nyiroru as the Head of Department of Political Science and Public Administration at the University of Nairobi.
Authorities cited
Legislation (6)
- Constitution of Kenya, 2010
- University Act, No. 42 of 2012
- University of Nairobi Charter, 2013
- University of Nairobi Statutes
- Fair Administrative Action Act, 2015
- Public Officer Ethics Act, No. 4 of 2003
Cases cited (3)
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
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