The fight over who should lead the University of Nairobi has taken a new turn after the court stepped in to stop the appointment of a new Vice-Chancellor, putting yet another pause on a process that has already dragged on for months.
On Friday, the Employment and Labour Relations Court ordered the University of Nairobi Council to suspend the ongoing recruitment following a case filed by Professor Duke Omondi Orata. Justice Jorum Abuodha ruled that the Council must not proceed with any aspect of the exercise until the dispute is fully heard and determined.
The court orders effectively lock the entire process, covering advertising, shortlisting, interviews and the final appointment of a 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 judge further directed that the matter be mentioned on January 26, 2026, for directions before the substantive hearing proceeds. He also instructed the Cabinet Secretary for Education, Migos Ogamba, the chairperson of the University Council and the Public Service Commission to file their replies within 14 days.
Professor Orata’s case centres on the Council’s decision to restart the recruitment despite an earlier process having already been completed. He maintains that the move breached established rules and ignored clear procedures governing senior public appointments.
In his filings, Orata accuses the Council and the Public Service Commission of misconduct, saying they “acted arbitrarily and unfairly by abandoning a concluded competitive process without any lawful justification”.
“The discontinuation of the recruitment and the move to re-advertise the position flies in the face of the law, university statutes and PSC guidelines,” Orata states in his petition.
Court documents show that interviews for the Vice-Chancellor position were conducted by the Public Service Commission in early 2025, after which a merit list was forwarded to the University Council. Professor Bitange Ndemo emerged top, with Orata ranked second.
Following Ndemo’s withdrawal from the race in May 2025, Orata says he automatically became the leading candidate and developed a “legitimate expectation” that the Council would complete the appointment.
In November 2025, Orata wrote to the Council raising concerns over what he described as unexplained delays, warning that the failure to act 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 reads.
He later sought intervention from the Parliamentary Education Committee and the Ethics and Anti-Corruption Commission, claiming the Council stopped responding despite the recruitment process having reached its final stage.
The court battle reflects a broader leadership crisis that has continued to unsettle the University of Nairobi, with governance disputes over top offices repeatedly ending up before judges.
