The recruitment of substantive vice chancellor and deputy vice-chancellors for Masinde Muliro University of Science and Technology has yet again been halted.
The Employment and Labour Relations Court in Kusmu on Thursday issued orders barring the Public Service Commission from proceeding with the recruitment process.
The orders followed an application by the Kenya University Staff Union.
Kusu argued that restarting the process of recruiting a substantive VC and the DVCs was a waste of public resources given it had already been done.
The university wants to recruit three DVCs for administration and finance; planning, research and innovation and academic and student affairs.
The union argued that PSC had advertised, interviewed and shortlisted individuals for the positions in August 2018 and submitted names of successful applicants to Education Cabinet Secretary George Magoha.
The petitioners want the minister to pick the university leadership from among the submitted names since no court has invalidated the recruitment process.
The union has sued PSC, the university council, Magoha and Attorney General Kihara Kariuki.
"Pending judgment, the recruitment process is stopped," Justice Stephen Radido ruled.
The court directed the respondents and interested parties to file responses to both the motion and petition by March 31.
He directed that they file and serve further affidavits together with submissions before April 16 while the respondents have until April 30 to file and serve submissions.
He said the suit will be determined by May 12.
The development means the university will wait longer to get a substantive vice chancellor.
The institution has remained without a substantive VC since the exit of the late Prof Frederick Otieno in November 2018.
Current VC Prof Solomon Shivairo is serving in an acting capacity. Both Prof Joseph Bosire and Prof Asenath Sigot have acted before him.
DVCs Judith Achoka (Planning, Research and Innovation), Prof Charles Mutai (Administration and Finance) and Dr Patrick Ojera (Academic and Students’ Affairs) are all holding the positions in acting capacities.
PSC re-advertised the positions of VC in February. The applications closed on March 2.
In the August 2019 recruitment process by PSC, Prof Joseph Bosire topped the interviews. Bosire is the currently DVC for academics at Jaramogi Oginga Odinga University in Bondo.
Prof Sibilikhe Makhanu and Prof Mburungu came second and third respectively.
PSC submitted the three names to the Cabinet Secretary for Education and the university council to pick one for appointment.
Kusu wants the court to declare that PSC was engaged in unfair labour practices by subjecting candidates to another interview.
They want the court to order the respondents to conclude or facilitate the process of recruitment based on the results of the August 2019 recruitment results.
The union asked the court to quash the re-advertisement by the PSC.
In October last year, the court dismissed a suit by activist Okiya Omutatah seeking to stop the recruitment process on grounds that former members of the university council were included in the interview panel.
Edited by P.O