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He says that PSC, after doing its due diligence and convening public participation, recommended to the Kafu Council, in a letter dated December 15, 2023, his name, Prof James Njiru and Prof Mary Abukutsa Onyango for consideration of the post.
In a meeting held on January 2 this year, the Kafu Council recommended his appointment as the VC, based on merit and precedence set in the previous recruitment for the position of Deputy Principal Academic Affairs.
"By a letter dated January 2, 2024, the Kafu Council sought the concurrence of the Cabinet Secretary, Ministry of Education, as the law provides, on my appointment as the Vice Chancellor for Kafu," he says in his pleadings.
"However, rather than give concurrence, Ezekiel Machogu, Cabinet Secretary Education Ministry, in a departure from the law, decided to also recommend vide a letter dated February 5, 2024, the appointment of Prof. Mary Abukutsa Onyango as the Vice Chancellor, as opposed to me."
He said Machogu did not indicate any security or integrity concerns that had led to the recommendation of another person when he was the top candidate in the interview.
"I aver that it is unfair for applicants such as me, who take time and effort to apply and go in for interviews, when the appointing authority already has a plan to appoint or hire someone else who may not even be as qualified as the other applicants; as it was in my case," says Nandi, the professor who has acted as Kafu VC since August 2022 when retired President Uhuru Kenyatta granted the institution a charter, in his court papers.
He says if Machogu's nullification of his appointment by the Kafu Council was allowed then in future presenting oneself to the PSC in Kenya for an interview will become something of a spiritual suicide mission for certain kinds of candidates.
"Because if a candidate is not from one's ethnic group, ilk or liking and aspires to be appointed to one of the Public Universities, they should be prepared for an interview where their suitability will be essentially taken as given, and they will have a task to persuade Cabinet Secretary to the contrary," he says in his plaint.
As the case is waiting to be heard the university sitting some 500 metres off the Chavakali-Kapsabet Road, has witnessed changes in top posts and pockets of unrest as community and civil groups demand the filing of the post with Abukutsa who come from Vihiga as others want Nandi, who is from Bungoma County, who shepherded it to a point of attaining a charter.
The neutral ones are calling for a speedy hearing of the case so that the university gets a substantive VC to light the academic torch in the county and even country.