Magoha's decision to appoint Chairman for Karatina University challenged

 

The High Court has been asked to quash a decision by Education Cabinet Secretary George Magoha appointing Prof Francis Gichaga as chairperson of Karatina University council.

Prof  Magoha had gazetted a notice on February 5 appointing Prof Gichaga as the chairperson of Karatina University council for a period of three years.

The court has been told that the appointment of Prof Gichaga was done without any regard to the previous appointment of Prof Loius Murema who despite his appointment had not assumed office since his appointment in 2019 due to a court order.

The court order which stopped  Prof Murema from assuming office arose out of a case filed by the former chairperson of the council Karatina University.

Prof Murema now says if the court does not stop Prof Gichaga from assuming office he will lose his position.

He is asking the court for an order to quash the decision of the CS.Prof Murema believes that the CS side-stepped his appointment.

If the decision of the CS is allowed to stand, he says, it will amount preempting fair and just determination of the case against his appointment.

"The 1st respondent's actions (CS) are unreasonable and in breach of the ex-parte applicant's legitimate expectation on fair administrative action on the part of 1st respondent who ought o have waited for court to vacate the said order and have Prof Murema serve his term till the end...," he said.

Prof Murema was prepared to assume office when he was served with a court order on December 9, 2019 in a case filed by Okiya Omtatah on behalf of former chairperson of council Karatina university.

The case is still pending in court.

Prof Murema in his suit papers says that there is no legal basis for the CS to make another appointment.

"I aver that the 1st respondent has no legal basis or power to replace me arbitrarily without reference to the court proceedings that stayed my assumption of office," said Prof Murema in an affidavit sworn in support of his case.  BY THE STAR