In the earlier interim orders issued on November 2, Justice Wasilwa had directed that the status quo be maintained pending hearing and determination of a petition filed in court by a lobby group Trusted Society of human rights alliance.
Through their lawyer Oscar Litoro, the lobby informed the court that the university has announced plans to hold the inauguration ceremony together with the graduation ceremony on December 17.
Embattled Egerton Vice-Chancellor Prof Isaac Ongubo Kibwage has suffered a blow after the Employment and Labour Relations Court in Nakuru halted his planned inauguration.
Justice Helllen Wasilwa on Thursday while expounding her earlier orders said the orders for status quo suspended the implementation of the decision if the university council included the gazettement of Prof Kibwage as the Sixth VC as well as his subsequent inauguration.
In the earlier interim orders issued on November 2, Justice Wasilwa had directed that the status quo be maintained pending hearing and determination of a petition filed in court by a lobby group Trusted Society of human rights alliance.
The lobby has challenged Prof Kibwage’s appointment over what they term as irregularities in the process.
They filed the case through a certificate of urgency and persuaded the court to issue the interim orders.
However, the group went back to court accusing the VC of disobeying the orders by planning the inauguration ceremony.
Through their lawyer Oscar Litoro, the lobby informed the court that the university has announced plans to hold the inauguration ceremony together with the graduation ceremony on December 17.
Mr Litoro argued that allowing the process to take place would render the court process an academic exercise and urged the court to intervene.
The announcement was made through the university's main website that it planned to conduct the ceremonies at the university’s main campus in Njoro.
Justice Wasilwa in her ruling however, directed that the process be halted.
“The orders on status quo meant that Egerton University should not take any steps to implement the purported appointment of the VC pending the hearing and determination of this matter,” noted the judge.
In the main case before court, the human rights group seeks to quash the appointment of Prof Kibwage whom they claim lacks ethical standards, integrity and fails the requirements of Chapter six of the constitution.
Through a supporting affidavit sworn by Mr Paul Maina Mugo the court heard that the university’s council which conducted the recruitment had ignored evidence that they had furnished it giving reasons why Prof Kibwage was unsuitable for the position.
He accused prof Kibwage whose appointment was confirmed on October 5, of exhibiting a record of nepotism and tribalism especially in appointments and promotion while acting in previous capacities.
The group further argued that the recruitment process was done procedurally as it was neither approved by the cabinet secretary nor conducted within the university premises.
The petitioners have sued the Egerton University, Public Service Commission and the Education Cabinet Secretary. Prof Kibwage is listed as an interested party.
The matter will be mentioned on January 19.
Prof Kibwage took over the reins of power at the University in an acting capacity on January 12 following the retirement of his predecessor Prof Rose Mwonya.
