Court Halts University of Nairobi Vice-Chancellor Recruitment Amid Fresh Legal Battle

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NAIROBI, Kenya — The Employment and Labour Relations Court has suspended the recruitment of a new Vice-Chancellor at the University of Nairobi (UoN), deepening a leadership crisis that has repeatedly dragged Kenya’s oldest university into court battles.

In orders issued on Friday, Justice Jorum Abuodha barred the University Council from proceeding with the recruitment process until a legal challenge filed by Professor Duke Omondi Orata is heard and determined.

The ruling effectively freezes all stages of the exercise, including advertising, shortlisting, interviews and appointment of a substantive Vice-Chancellor.

“Leave is hereby granted to commence Judicial Review proceedings against the respondents within 21 days of this order,” Justice Abuodha ruled. “Such leave shall operate as a stay on the advertisement, shortlisting, interviewing and recruitment for the post of Vice-Chancellor, University of Nairobi, pending the hearing and determination of the application.”

The matter will be mentioned on January 26, 2026, for further directions, with the court setting timelines for responses from key parties.

Education Cabinet Secretary Migos Ogamba, the University Council chairperson and the Public Service Commission (PSC) have been ordered to file their replies within 14 days.

Professor Orata, who participated in a previous recruitment process, argues that the decision to restart the exercise was unlawful and violated university statutes and PSC guidelines.

In his court filings, Orata accuses the Council and PSC of acting “arbitrarily and unfairly by abandoning a concluded competitive process without any lawful justification.”

Court documents show that the PSC conducted interviews for the Vice-Chancellor position in early 2025 and forwarded a merit list to the University Council.

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Former ICT Cabinet Secretary Professor Bitange Ndemo emerged top, with Orata ranked second.

After Ndemo withdrew from the race in May 2025, Orata maintains that he became the leading candidate and developed a “legitimate expectation” of appointment.

In a letter addressed to the Council in November 2025, Orata criticised what he termed unexplained inaction, warning that the delay amounted to “a glaring irregularity in a senior public appointment.”

“The continued failure to act on the merit list undermines fairness, transparency and exposes the university to unnecessary legal risk,” the letter stated.

Orata further sought intervention from the Parliamentary Education Committee and the Ethics and Anti-Corruption Commission, claiming the Council went silent despite the completion of the recruitment process.

The court dispute unfolds against the backdrop of a wider governance crisis at the University of Nairobi.

Tensions peaked during the tenure of former Vice-Chancellor Professor Stephen Gitahi Kiama, whose leadership was marred by prolonged clashes with the Council.

Kiama was placed on compulsory leave before his contract was terminated in October 2024, months before its expiry, over allegations of gross misconduct and management failures.

Following his exit, the Council appointed Professor Margaret Jesang Hutchinson as acting Vice-Chancellor, but the interim arrangement has struggled to restore stability.

Staff unions and stakeholders have repeatedly warned of “governance paralysis” as uncertainty over the substantive appointment continues to disrupt management, academic planning and labour relations at the institution.

Anthony Kinyua
Anthony Kinyua
Anthony Kinyua brings a unique blend of analytical and creative skills to his role as a storyteller. He is known for his attention to detail, mastery of storytelling techniques, and dedication to high-quality content.

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