The Public Service Commission has been sued after it advertised the position of one of the deputy vice-chancellors at Maasai Mara University in the latest leadership row at the institution.
In a case filed at the High Court in Mombasa, Mr Barawa Sanga wants an order issued among others quashing the decision of PSC to advertise and invite applications for the position.
Mr Sanga says that PSC has abolished the office of the DVC (Administration, Finance and Planning) and created the office of DVC (Administration, Finance and Strategy) at the university.
He says that PSC’s act of inviting applications is in bad faith as it amounts to defeating an appeal lodged at the Court of Appeal by Prof Mohamed Abdille, the immediate holder of the office sought to be filled.
Mr Sanga, a resident of Mombasa argues that the invitation for the applications in the circumstances of the case is a violation of the right to fair labour practices of Prof Abdille who has a pending appeal.
The petitioner says that an inquiry into the advertisement suggests that PSC has abolished the position of DVC (Administration, Finance and Planning) and created the position of DVC (Administration, Finance and Strategy).
“This is the most direct attack not just on the previous holder of that position but also on the provisions, architecture and design of the constitution and all other laws governing public service,” argues Mr Sanga.
According to the petitioner, the decision by PSC suggests that in the event the appeal by Prof Abdille succeeds, he shall have no office to go back to as it would have been abolished.
“This act of abolition of offices when there is a pending appeal on the office sought to be abolished is a dangerous rodent that threatens constitutionalism and the rule of law,” says the petitioner.
Mr Sanga is also seeking a declaration that the decision of the PSC to advertise and invite applications for the position is a violation of the constitution, PSC Act and the University Act.
The petitioner, also wants an order issued prohibiting the PSC and the university from shortlisting, interviewing and taking any decision in respect of received applications for the position of DVC (Administration, Finance and Strategy).