By Bonface Mulyungi

The Employment and Labour Relations Court in Nairobi has temporarily stopped the recruitment of a new Vice Chancellor for Maseno University after Prof.

Mary Abukutsa-Onyango challenged the process, claiming she was unfairly left out.

Justice Dr. Jacob Gakeri granted the professor leave to file judicial review proceedings against the Public Service Commission (PSC) and Maseno University, allowing the matter to proceed for full hearing.

In his ruling, Justice Gakeri said the court was satisfied that the applicant had raised an arguable case.

“The court is satisfied that the Applicant has an arguable case in the first instance and the application for leave is merited,” ruled Justice Gakeri.

Prof. Abukutsa-Onyango had moved to court under a certificate of urgency seeking to quash the recruitment process and stop the shortlisting, interviews, and eventual appointment of a Vice Chancellor pending the hearing of her case.

She argued that she had applied for the position before the January 9, 2026 deadline but was excluded from the shortlist without explanation.

Through her lawyer, she told the court that she had submitted applications for Vice Chancellor positions at Maseno University, the University of Nairobi, and Kenyatta University.

She said while her applications to the University of Nairobi and Kenyatta University were acknowledged, her Maseno University application was allegedly ignored despite being submitted on time.

Her lawyer further submitted that she had evidence showing she filed all three applications before the deadline and had also lodged complaints with the PSC and the Ombudsman after failing to get feedback, but did not receive timely responses.

However, the PSC opposed the application through its Chief Executive Officer Paul Famba, arguing that there was no record showing she had applied for the Maseno University post.

The commission told the court that the documents presented by the professor were unclear and could not conclusively prove that she submitted the application.“The evidence availed by the Applicant to show that she applied was illegible and difficult to make any conclusion,” the PSC stated in court papers.

The commission further argued that the recruitment process had already been concluded, making the application overtaken by events.

Despite the objection, the court held that there were unresolved questions, especially on whether the professor had indeed submitted her application and how it was handled.

Justice Gakeri also directed that the leave granted would operate as a stay, effectively suspending the ongoing recruitment process until the matter is heard and determined.

“The prayer that leave act as stay appears merited in the interest of justice,” he ruled.