The University of Eldoret has been barred from taking disciplinary action against the suspended Deputy Vice Chancellor and the Finance Officer by the Employment and Labor Relations Court in Nakuru.
Judge Stephen Radido in his ruling on Thursday said that the respondent should hold their decision until the two petitions by the DVC Professor Ezekiel Kiprop and Finance Officer Hosea Sitienei are heard.
Prof Kiprop and Mr Sitienei are among the nine lecturers who were suspended last year following the unrest within the university, they however filed a case before the same court seeking orders for the to be reinstated.
During the arguing of the motion dated January 20, advocate Bernard Kipkoech told the court that disciplinary council formulated to probe Prof Kiprop and Sitienei is illegal and their decision is likely to violate their constitutional rights to fair hearing.
“The two positions already have interim officers and the process of filling them should be treated within law and constitutional rights of the previous occupants since their professions, arts and careers will be destroyed causing the imparable loss,” he said
Kipkoech told the court that disciplinary decision emanating from the committee should be null and void.
University of Eldoret and Vice Chancelor advocate Kipkenei Kemboi urged the court not to grant orders until the case is heard since the university committee comprised of the two petitioners and the Management of the school will be affected.
“There is no element of any breach of constitutional rights to make the court understand the prejudices that they have gone through, no impairable loss will be created because they might be reinstated even today,” he said.
Judge Radido issued conservatory orders restraining the University and the Vice Chancellor from deliberating or a making a decision from the disciplinary proceedings conducted on January 13, 2016.
He also allowed petitioners to resume their duties as university employees pending determination of the two petitions.
The court also ordered the respondents to file their response to the petitions within 7 days and serve the petitioners' advocates.
The petitions will be heard on January 28, 2016