Embattled Egerton University vice-chancellor Professor Rose Mwonya has moved to court to challenge the decision by the university council to send her on a 90 days compulsory leave over corruption allegations.
Prof Mwonya on Thursday filed an application before the Employment and Labor Relations court in Nakuru seeking for a judicial review of the decision by the university council.
The university don was sent on compulsory leave on September 10 via letter dated September 7 by the university council.
Prof Mwonya is alleged to have been involved in procurement malpractices amounting to millions of shillings, and tampering with students’ records as well as irregular award of scholarships.
She is also accused of recalling university academic staffs including the Registrar Academic Affairs Prof Seth Owido and Senior Administrative Assistant Thomas Migwi Maina, who had been suspended without consulting the university council.
In the application filed under certificate of urgency, Prof Mwonya wants the court to revoke her suspension and be reinstated back to her position saying that her suspension was unlawful and violated the rules of natural justice.
According to the documents before Justice Monica Mbaru, Prof Mwonya argues that the decision to suspend her was done in violation of the law as the council meeting that resolved to eject her was improperly constituted.
She further states that the council acted unprocedurally by conducting the disciplinary meeting after the working hours behind closed doors and also failing to accord her a chance to defend herself.
“The suspension letter was issued in an illegal, unprocedural and irrational manner that frustrated the right to natural justice and procedural fairness,” read part of the document.
She further faulted the action of the council to appoint an acting vice chancellor Prof Alexander Kahi to the capacity, a mandate she claims to belong to the Education Cabinet Secretary.
In the application, Prof Mwonya wants the court to issue orders sending her on compulsory leave pending hearing and determination of the matter.
The court however, directed that the matter be mentioned within 21 days.