Former DVC Maasai Mara varsity reinstated as professor

The former deputy vice-chancellor of Maasai Mara University has won a legal battle after the Appeal Court ordered she be reinstated as a professor.

Prof Misia Manuguti Kadenyi is also to be paid Sh2 million compensation.

However, the appeal judges set aside an earlier High Court order reinstating her as deputy vice-chancellor.

Appeal court judges Daniel Musinga, Jamila Mohammed and Sankale Ole Kantai in their decision dated February 19 directed each party to bear their own cost of filing the suit.

Prof Kadenyi was employed first as an associate professor in 2009, becoming DVC in 2013.

She earned a salary of Sh333,640 per month with a gratuity at the rate of 31 per cent of her basic salary at the end of the contract.

The position came with allowances, a fully maintained official car and driver, a car allowance of Sh125,000 per month, medical benefits, annual leave and air travel.

It was a meteoric rise in four years and her future seemed bright.

Her problems began around 2015.

Professor Mary K. Walingo had since joined Prof Kadenyi as vice-chancellor. Their relationship was strained.

The VC sent a letter to the former DVC on May 11, 2015, criticising the security situation, including a planned student strike organised by some staff members.

The letter implicated the former DVC. She immediately wrote a protest letter to the chairman of the University Council, saying she was recovering from surgery. However, the VC linked her to student unrest on March 23, 2015.

She accused her boss of tarnishing her name and pleaded with the council chairman to call a conciliation meeting between them.

The meeting was called but it didn’t take place as Prof Kadenyi was taken ill.

The VC sent yet another letter on November 20, 2015, this time accusing the former DVC of failing to provide guidance in processing examination results, which is a prerequisite for graduation.

The former DVC was asked to show cause, within seven days, why disciplinary action should not be taken against her for nonperformance of her duties. The letter cited processing exam results and overseeing operations of the academic division.

In her response, the former DVC said all examination results had been discussed in the Deans' Committee and presented to the Senate but some results awaited investigation.

She denied avoiding Senate meetings and denied delay in the preparation of certificates for graduands.

She promised the graduands list would be ready for those who met all the requirements to graduate.

Things did not get any better as the former DVC again deplored the bad relationship with the VC and reminded the chairman that he was to call a conciliation meeting.

Separately, she complained her office had been raided by university officers and the locks had been changed, denying her access.

The then-chairman of the council wrote to the former DVC on October 31, 2016 interdicting her from employment.

The letter said the council had met on October, 31 2016, noted repeated challenges in the Academic, Research and Student Affairs Division and said it had been decided to interdict her to allow for further investigation of her performance.

The council had formed a disciplinary committee to examine the former DVC’s case and invited her to appear on January 5, 2017.

The former DVC replied through her lawyers in December 2016.

The lawyers cited the Fair Administrative Actions Act and asked for the charge and particulars of each allegation against their client.

Eventually, the disciplinary committee found her guilty of the accusations against her and the council decided to retire her in the public interest.

Kadenyi filed a case at the Labour Relations Court, saying the allegations against her were false.

The court held in her favour, awarded her Sh3,948,672 and reinstated her as DVC.

The ruling was challenged at appeal, which was partially successful.

(Edited by V. Graham)