Egerton VC accuses University Council of malice for instituting disciplinary process
Egerton University Vice Chancellor Prof Rose Mwonya has accused the University Council of malice for instituting a disciplinary process against her which she claims is unfounded.
In court documents filed at the High Court in Nakuru, Prof. Mwonya has taken issue with the university council chairman Amb. Dr Hukka Wario, for filing a show cause letter on matters that had been dealt with in an earlier legal process.
In the show cause letter dated November 13, 2020 signed by Amb. Dr Wario, the University Council indicated it had rescinded an earlier recommendation to Education CS Prof. George Magoha recommending the renewal of Prof. Mwonya’s four-year contract.
In her letter to the Chair of the University Council, Prof Mwonya disputes the charges levelled against her in a show cause letter seeking to institute disciplinary proceedings against her. The charges listed in the letter she contends are the same as those earlier levelled against her leading to her proceeding on compulsory leave two years ago.
Back then, the charges, she said had led to a protracted legal battle and were found as null and void in a ruling delivered by Employment and Labour Relations Court Judge Monica Mbaru last year.
“Take note that bringing the same charges against me amounts to double jeopardy as I cannot be tried twice over the same cases. This will lead us to the same corridors of justice again and as we engage in sideshows and fights, the core mandate of the University suffers,” Prof Mwonya writes, adding that, “Just as the Court found me innocent, I still maintain the same and find no reason why any disciplinary action should be taken against me.”
Prior to sending out the showcase letter, Amb. Dr Wario had notified CS Magoha of the University Council’s recommendation to reappoint her as the Vice Chancellor for a second term.
“I unreservedly recommend Professor Rose A. Mwonya for renewal of service as Vice Chancellor Egerton University, for the second and final fiver year term,” wrote Amb. Dr Wario to Prof Magoha in a letter dated 10th August 2020.
In a surprising turn of events, Amb. Dr Wario sent Prof Mwonya on terminal leave pending her retirement and appointed Prof Issac Kibwage as the acting Vice Chancellor.
In response, Prof Mwonya moved to the High Court under a certificate of urgency and was granted an injunction on November 30, 2020 by Justice Hellen Wasilwa sitting in Nakuru.
In the ex-parte orders, Justice Wasilwa directed that the appointment of Prof. Kibwage by the University Council had been suspended pending the hearing of the case.
The university suspended the VC in 2018 pending investigations into procurement malpractices, a students’ scholarship scandal, among other allegations of mismanagement.
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