Maseno University VC intrigues: Court battle deepens

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The race to appoint a substantive Vice-Chancellor of Maseno University has been thrown into fresh uncertainty after a third court case challenged the fairness of the recruitment process, putting the appointment of the institution's next chief executive on hold.

The latest petition, filed by a member of the public, questions why the Public Service Commission (PSC) recommended candidates ranked first, fourth and fifth after interviews, while leaving out those who finished second and third.

The petitioner, Evans Aseto, has obtained orders stopping the appointment of a substantive Vice-Chancellor pending the hearing and determination of the case.

His suit has since been consolidated with another filed by Solomon Okello, who has named the PSC and Maseno University Council as first and second respondents, respectively. The two suits raise similar questions over the PSC's recruitment process.

The latest legal challenge follows an earlier case filed by Prof Mary Abukutsa of Jomo Kenyatta University of Agriculture and Technology (JKUAT), who claimed that her application for the position was not captured despite having been submitted to the PSC. Prof Abukutsa challenged her exclusion from the shortlist but lost the case, allowing the recruitment process to proceed.

The PSC subsequently interviewed candidates and forwarded three names to the Maseno University Council for consideration.

Court documents filed in the latest case show that 10 candidates were shortlisted and interviewed between April 14 and 16, 2026.

Prof Bulitia Godrick Mathews emerged top with 79 marks, followed by Prof Bernard O. Aduda with 77.5 marks and Prof Francis Jakim Mulaa with 77 marks. Prof Kimani Chege Gabriel scored 76 marks, while Prof Mary Jepkemoi Kipsat scored 74 marks. Prof Joseph Ouma Rasowo also scored 74, followed by Prof Stephen Odebero with 71.5 marks and Godfrey S. Mse with 67 marks.

Prof Erick Otieno Nyambedha was not ranked, while Prof Charles O.A. Omwawadho declined to be interviewed.

Despite the ranking, the PSC forwarded the names of Prof Bulitia, Prof Chege and Prof Kipsat to the university council for appointment.

The petitioners argue that this decision violated principles of fairness and merit by excluding the candidates ranked second and third. They contend that the PSC ought to have forwarded the top three candidates, and accuse the commission of discriminating against Prof Aduda and Prof Mulaa, contrary to Article 27 of the Constitution.

The petition also argues that the recommendation of candidates ranked fourth and fifth contravened Section 39 of the Universities Act, which requires the appointment of vice-chancellors of public universities to be conducted competitively.

According to the petitioners, the decision denied qualified candidates an opportunity to compete for appointment through an open and transparent process, while also denying Maseno University an opportunity to appoint what they consider the most suitable candidate.

The petition has also raised questions over the failure to rank Prof Nyambedha, who was among those shortlisted and interviewed. Prof Nyambedha is the university's Deputy Vice-Chancellor in charge of Academic Affairs and is currently serving as acting Vice-Chancellor after the university council extended his tenure. He was appointed to serve as acting VC in February 2026, following the exit of Prof Julius Nyabundi, whose tenure had ended.

The petition by Mr Aseto describes the dispute as raising weighty constitutional issues concerning fairness, merit and public appointments. It names Prof Bulitia, Prof Chege and Prof Kipsat as interested parties, alongside Prof Nyambedha, Prof Aduda and Prof Mulaa.

The two petitioners have warned that the recruitment was proceeding at an accelerated pace and asked the court to intervene before the process could be concluded.

The dispute has added another layer to an already protracted recruitment process that has been under scrutiny since the beginning of the year.

A source familiar with the recruitment, who asked not to be named because of the sensitivity of the matter, claimed that an earlier shortlist, following interviews done in January 2026, had produced a different ranking from the one currently before the court. According to the source, Prof Odebero had initially been ranked first, Prof Mary Kipsat second, and Godfrey Mse third. The source wondered how Prof Bulitia, who had ranked seventh in the earlier process, appeared at the top of the latest ranking.

The competing versions of the recruitment process have deepened uncertainty over who will eventually occupy the university's top office.

Dr Stephen Onyango, the Universities Academic Staff Union (UASU) Maseno University chapter secretary, said the dispute could have far-reaching consequences for the university.

"The matter is in court and is coming up for hearing on September 8, 2026, and it could go either way," Dr Onyango said.

He explained that if the petitions succeed, the PSC will have to start the process all over again; if they fail, the university council will have to pick someone from the three names already submitted.

Under the Universities Act, the university council should appoint a VC from the three names provided by the PSC, in concurrence with the Cabinet Secretary for Education.

Reporting originally appeared via Nation Africa. Read the full source for additional context.