The High Court on Friday revoked Education Cabinet Secretary Prof George Magoha’s appointments into two universities’ council.
Magoha had attempted to swap Masinde Muliro University council chairman with that of Pwani University but the court stopped the process.
The court ruled that Magoha failed to adhere to the powers granted to him by the constitution as far as the reorganisation of the councils is concerned.
Magoha had ordered for the transfer of Dr Jeremy Bundi from MMUST to Pwani University. He then directed Pwani University chairperson Dr Jane Mutua to report to MMUST in the same capacity before the court thwarted his plans.
The court ruling came after the Kenya Universities Staff Union (Kusu) filed a suit against the ministry following the changes.
While delivering his ruling on Friday, Justice John M Mativo said that the changes were unlawful and each of the transfer has its own costs. He said that there is a need for the right procedure to be followed in the transfers of such kinds.
“It is my finding that the impugned decision violates the doctrine of the right to legitimate expectation as herein above discussed,” ruled Justice Mativo.
KUSU had cited several sections of the Education Act during the hearing of the case against the ministry.