KU Land Saga: Court Greenlights LSK To File Contempt Cases

The court also authorized LSK to file contempt charges against Head of Public Service Joseph Kinyua and the KU Council for disobeying court orders.

Kenyatta University, Nairobi | PHOTO COURTESY

The High Court has extended its orders prohibiting Kenyatta University from surrendering its title deed in order to divide a portion of its land for allocation to the World Health Organization (WHO) or squatters.

The orders have been extended until August 8, 2022, when the matter by LSK will be heard by Justice Oscar Angote of the Employment and Lands Court.

The court also authorized LSK to file contempt charges against Head of Public Service Joseph Kinyua and the KU Council for disobeying court orders.

This occurs as the employment and labor relations court reinstates the University’s former Vice Chancellor, Pro. Paul Kuria Wainaina. The VC had previously resigned in response to executive pressure.

The Court granted Prof Wainaina’s request to “issue a temporary order suspending the implementation of the decision contained in Professor Crispus Kiamba’s letter dated 12th July, 2022 suspending, terminating, and/or dismissing the Petitioner from the Office of the Vice-Chancellor, rendering his position vacant and/or revoking his salary pending the hearing and determination of his Application inter-partes.”

According to Prof Wainaina, his problems began when Head of Public Service Joseph K. Kinyua issued orders directing him to surrender Title Deed for Kenyatta University L.R No. 11026/2 in order for the Ministry of Lands and Physical Planning to carry out the excision as directed by the Cabinet.

Prof Wainaina claims that the directive was unconstitutional, lacked legal authority, and exceeded Kinyua’s mandate.

“In response to the said letter, the Chairman Kenyatta University Council Prof. Shem E. Migot-Adholla highlighted the constitutional and statutory anomalies in the purported process of acquisition of the University’s parcel of land and refused to accede to the illegal and un-procedural takeover of the said property,” he said.

The Cabinet Secretary, Ministry of Education, attempted to dissolve the Kenyatta University Council and suspend Vice Chancellor Professor Wainaina due to their refusal to cede the land.

He claimed that the purported removal from office and subsequent replacement is an unconstitutional and unlawful attempt to alienate and expropriate the University Land.