The Public Service Commission has been temporarily stopped from shortlisting, interviewing or appointing any candidate for the position of finance deputy vice-chancellor at Maasai Mara University.
Justice Olga Sewe of the High Court in Mombasa also restrained PSC from continuing with the process in relation to any other office created with respect to the earlier existing position as contained in an advertisement sent on May 10.
The orders were issued pending hearing and determination of an application by Barawa Sanga who has sued the commission over its move to advertise for the position.
Through Kirui Kamwibua & Company Advocates, Mr Sanga wants an order issued among others quashing the decision of PSC to advertise and invite applications for the position.
The petitioner 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 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.
“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.
The case will be heard on September 19.