OLIVE MWIHAKI MUGENDA & KENYATTA UNIVERSITY COUNCIL V. OKIYA OMTATA OKOITI,CABINET SECRETARY EDUCATION SCIENCE & TECHNOLOGY,STATE CORPORATION ADVISORY COMMITTEE,ATTORNEY GENERAL & UNIVERSITIES ACADEMIC STAFF UNION

JUDGMENT OF THE COURT

At all material times in this appeal, the 1^st appellant, Olive Mwihaki Mugenda, was the Vice Chancellor of Kenyatta University, a public university established by Charter while the 2^nd appellant is the governing body of Kenyatta University and is established pursuant to Section 17 of the Kenyatta University Charter.

The background facts to this appeal are that the 1^st Respondent, Okiya Okoiti Omtatah, filed a Constitutional Petition No. 89 of 2015 dated 21^st October 2015 before the Employment and Labour Relations Court at Nairobi. The Petition cited the 2^nd appellant and the 2^nd, 3^rd, and 4^th respondents as respondents and the 1^st appellant and the 5^th respondent as Interested Parties.

In the Petition, the Petitioner prayed, inter alia, for the following orders:

“a) A declaration that Prof. Olive Mugenda, the 1^st appellant herein, has served her maximum two terms as Vice Chancellor of Kenyatta University and is not eligible for reappointment.

b) A declaration that the…