Court reinstates Knec chief after suspension

Suspended Kenya National Examinations Council (Knec) chief executive Joseph Kivilu got a reprieve Tuesday after the Labour Court temporarily reinstated him.

Employment and Labour Court judge Nelson Abuodha also stopped Knec’s board from proceeding to replace him or in any way interfering with his career.

“The status quo being that Dr Kivilu should not be called upon to handover shall be maintained until further orders of this court,” said Mr Justice Abuodha.

Dr Kivilu filed an urgent application through lawyer Wilfred Nyamu arguing that he received a suspension letter from Knec’s board dated March 29 to the effect that he is indefinitely suspended from his position as the Knec chief executive.

Mr Nyamu argued the suspension letter had been given unprocedurally in contravention of the Knec’s human resource manual, the Employment Act, the Kenya National Examination Council Act, and is an infringement of his constitutional rights.

Dr Kivilu, who was employed as Knec chief executive in October 2014, was among nine senior Knec managers who were sent home last week to pave the way for investigations into irregularities in last year’s national examinations.

He was later replaced in an acting capacity by Ms Mercy Karogo, the former deputy director at Kenya Institute of Curriculum Development.

In his application, however, Dr Kivilu said the board’s decision to suspend him is in contravention of the Knec human resource manual guidelines in which an employee is suspended on being charged with a criminal or grave offence.

“Dr Kivilu has neither been charged with a criminal offence nor grave offence, nor has he been given a show cause letter by Knec alleging any malpractice on his part,” said Mr Nyamu.

READ: Knec board appoints acting chief executive officer

He said according to the HR manual, Knec was required to issue a warning letter or a show cause letter to an employee alleged to have committed any offence.

Further, that Knec did not constitute a disciplinary committee to look into allegations against him neither was he called to appear before any such disciplinary committee as required.

“Dr Kivilu was issued with the letter of suspension allegedly based on the decision of “the board”, a body which is unknown and inexistent in the Act constituting Knec,” said Mr Nyamu.

He added that the suspension of Dr Kivilu from his position without entitlement to any salary is unfair, unjust and in contravention of his constitutional rights.

Dr Kivilu is seeking court orders directing Knec to unconditionally reinstate him to his position. He also wants Knec permanently restrained, from implementing or purporting to implement the decision of the board contained in the letter dated March 29, to indefinitely suspend him as the chief executive officer of Knec.