In his ruling on Tuesday, justice Jacob Gakeri directed that Wainaina's position should not be declared vacant, nor his salary withdrawn.
Wainaina moved to court challenging his removal, in his petition, he asked the Labour court to bar the advertisement or appointment of any other person to the post of Vice -Chancellor at the University.
'‘Pending the hearing and determination of this application inter-parties, this honorable court be pleased to issue a temporary order staying any or further disciplinary proceedings against the petitioner as may be initiated by the respondents,” his petition stated.
Wainaina woes and eventual suspension happened a fortnight ago after he allegedly refused to surrender the title for Kenyatta University LR No. 1102/26 to allow the Ministry of Lands and Planning to take part of the land as directed by the Cabinet.
In a bid to deter his dismissal, Wainaina through his lawyer Manwa Hosea, Court to bar the enforcement of the dismissal letter arguing that sacking a vice-chancellor is a preserve of the university council.
President Uhuru Kenyatta had expressed displeasure against “individuals” whom he accused of undermining the construction of a World Health Organisation (WHO) regional and sub-global emergency operations and logistics hub on the land.
Speaking during the ground breaking ceremony of the WHO hub, President Kenyatta cited a tussle regarding the ownership of the land on which the facility will be set up.
He asserted that his remaining days in office would be dedicated to solving the dispute “swiftly and effectively.”
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