A Nairobi resident has sued Education Cabinet secretary Fred Matiang’i over irregular appointment of Musili Wambua, a former law firm partner with Wiper chief Kalonzo Musyoka, as chancellor of the University of Embu last year.
In 2015, the Omdusman filed a case faulting Prof Wambua’s appointment as Betting Control and Licensing Board chairman when it was under vice president Musyoka’s docket.
Now David Mutinda Mumo has filed a petition at Employment and Labour Relations Court in Nyeri under a certificate of urgency.
Through lawyer John Gitibi, Mr Mumo told judge Byram Ongaya that the appointment was in violation of Section 38 (4) of the Universities Act terming it inconsistent and irregular.
The judge certified the case as urgent. The lawyer said the appointment process was not competitive, fair and transparent as there was no public participation to scrutinise the candidates.
He argues that the chancellor lacks integrity and moral character.
Mr Gitibi said there are three pending cases at the Law Society of Kenya (LSK) disciplinary committee filed against Prof Wambua between 2015 and 2017.
“There is also a judgment from the committee where the chancellor was convicted over misappropriating some funds. He also has a case involving misappropriation of some Sh6 million.
“There is a formal complaint at the committee from the Banking Fraud Investigating Unit where he is alleged to have issued cheques from his law firm which were drawn from a dormant account,” said Mr Gitibi.
“The CS was supposed to pick three candidates after competitive recruitment process.
“But he failed to advertise the position and no interviews were conducted,” said the lawyer while urging court to declare the appointment null and void.
The case will be mentioned on April 12 and heard on April 21.