In a judgment issued by Justice Enoch Chacha Mwita, the court quashed the circular which imposed the travelling restriction saying it was issued contrary to the provisions of the constitution.
Justice Mwita ruled that the government did not satisfactorily justify why it was necessary to limit lecturers’ right to movement when travelling outside the country.
The University Academic Staff Union (Uasu) had sued the Attorney General and the head of public service Joseph Kinyua in protest of the government’s move.
University lecturers are free to travel outside the country without any restrictions, the High Court has ruled.
In a judgment issued by Justice Enoch Chacha Mwita, the court quashed the circular which imposed the travelling restriction saying it was issued contrary to the provisions of the constitution.
Justice Mwita ruled that the government did not satisfactorily justify why it was necessary to limit lecturers’ right to movement when travelling outside the country.
“When lecturers plan to travel out of the country, they would most certainly inform their Vice Chancellors, deans of faculties, school or principals of colleges of their absence and perhaps make arrangements respecting their classes or lessons,” said Justice Mwita.
“It is not that they would just walk out of lecture halls and travel out of the country without such arrangements knowing as they certainly do that they owe a duty to their students, which, in my view is all they need to do without the necessity of limiting their fundamental right of movement.”
The judge said social policies, actions and decisions must not devalue fundamental rights and freedoms in the bill of rights.
The University Academic Staff Union (Uasu) had sued the Attorney General and the head of public service Joseph Kinyua in protest of the government’s move.
Mr Kinyua’s directive on September 13, 2017 had indicated that no government official can travel outside the country without clearance from President Uhuru Kenyatta.
The directive affected Cabinet secretaries, principal secretaries, ministry officers and chief executives of parastatals as well as their board directors
However, on September 20, 2017 another circular barred all vice chancellors of public universities and principals of constituent colleges from travelling outside the country.
Uasu told court that lecturers are regularly required to participate in international and regional collaborative research workshops, specialized conferences and seminars.
It also argued that its members travel regularly to seek from their collaborative institutions out of the country grants and other support in aid of their professional as well as research functions.
In the case documents, they argued that such external collaboration that involves frequent travel has benefitted and continues to benefit higher education sector as well as the country in innovation, intellectual learning and capacity building.
But the government had denied that it had barred state officers such as lecturers from making foreign trips. It insisted that they are only required to get clearance before doing so.
On his part the judge ruled that the restriction had no clarity hence quashed that directive while specifying that his decision only applies to varsity lecturers alone.
As for other civil servants who were included the disputed circular, the directive remains in force.
“An order is hereby issued quashing the letter from the ministry of education addressed to Vice Chancellors and Principals of Colleges implementing the one requiring Uasu members to seek clearance from the President before travelling outside the country,” said Justice Mwita.
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