Court revokes Maasai Mara University DVC appointment

The Employment and Labour Relations Court in Nakuru has nullified the appointment of Prof James Simiren Ole Nampushi as the Deputy Vice-Chancellor (Administration, Finance & Strategy) at Maasai Mara University.

The court cited falsification of personal documents and a breach of constitutional values as the reasons for the nullification.

Justice James Rika, in a ruling delivered electronically on Tuesday, found that Nampushi altered his date of birth and did not adequately address concerns raised by the Public Service Commission (PSC) regarding the authenticity of his identification and academic records.

The court declared the appointment unconstitutional, unlawful, and contrary to the principles of integrity, accountability, and transparency required in public service under Article 232 of the Constitution.

The petition was filed by Jimmy Parnyumbe Luka, a disability rights advocate and resident of Narok County, who challenged the 2024 appointment, alleging a history of mismanagement, nepotism, and corruption during Nampushi's previous acting term in the same position.

While the university and its council defended the appointment, citing due process and competitive interviews in which Nampushi ranked highest, the court emphasized that concerns about integrity override procedural merit.

“The falsification of identity documents to extend one's tenure in public office is a serious violation of public trust and ethics,” stated Justice Rika.

He added, “This conduct fails the test of professional ethics and accountability enshrined in our Constitution.”

The PSC, which conducted the recruitment process, had flagged discrepancies in Nampushi’s documents in a letter dated July 2024, specifically noting a change in his date of birth from 1965 to 1975 and inconsistencies in his academic records.

Despite these findings, the PSC forwarded his name—along with two other candidates—to the University Council, which ultimately selected him.

The court criticized both the PSC and the University Council for disregarding these integrity concerns, noting that at least two other candidates did not have such reservations against them.

In a strongly worded decision, Justice Rika highlighted a similar ruling from 2020, where another public official was removed from office for manipulating his age to remain in service.

“There is no difference between that case and this one. The law must be applied consistently,” the judge asserted.

The court commended the petitioner for acting in the public interest and for upholding constitutional values, even as several institutions failed to intervene.

In its final orders, the court revoked Nampushi’s appointment, declared him unfit to hold the office, and found that his appointment was against public interest and failed the constitutional integrity test. No order was made regarding legal costs.

This judgment is likely to have far-reaching implications for leadership appointments across public institutions, signaling the court’s commitment to uphold ethics and transparency in public service.