Onyango v Nandi & 3 others (Civil Application E028 of 2025) [2025] KECA 1190 (KLR)
The bottom line
#Kenya's Court of Appeal froze the Kaimosi Friends University vice-chancellor appointment, leaving neither candidate in office while the appeal is heard.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the intended appeal is arguable
- 2.Whether, absent a stay, the intended appeal would be rendered nugatory
Key legal issues
#Whether the intended appeal on the role of the Cabinet Secretary in appointing a Vice Chancellor is arguable
The Court found the question of the Cabinet Secretary's role under the Universities Act, 2012 to be an arguable point fit for consideration on appeal
Both the applicant and the 1st respondent raised the nature and extent of the Cabinet Secretary's participation in the appointment of a vice chancellor of a public university under the Universities Act, 2012. The Court held this was sufficient to satisfy the arguability limb, since arguability requires only a bona fide issue worthy of consideration, not one that must succeed.
Whether the intended appeal would be rendered nugatory absent a stay
The nugatory limb was satisfied in the public interest, as neither candidate had taken office and an acting Vice-Chancellor was in place; maintaining the status quo preserved the subject matter of the appeal
The Court noted that neither the applicant nor the 1st respondent had yet taken office, an acting Vice-Chancellor being in place. It considered it in the public interest that there be no lacuna in the office of Vice Chancellor of Kaimosi Friends University and that the issues be determined with dispatch, justifying preservation of the status quo rather than execution of the judgment.
Legal principles established
#- An applicant under Rule 5(2)(b) must demonstrate both an arguable appeal and that the appeal would be rendered nugatory unless a stay is granted; both limbs must be satisfied
- The requirement of arguability is met if the intended appeal raises a bona fide issue worthy of consideration by the Court
- An appeal will be rendered nugatory where the effect of not granting a stay is likely to be irreversible, or where damages will not reasonably compensate the aggrieved party
Court orders
#- 1.The status quo currently obtaining as regards the office of the Vice Chancellor of Kaimosi Friends University shall be maintained pending the hearing and determination of the applicant's intended appeal, and neither the applicant nor 1st respondent shall be appointed as Vice Chancellor during that period
- 2.The applicant shall file and serve the Record and Memorandum of Appeal within 30 days, failing which the status quo order shall automatically lapse
- 3.The Deputy Registrar shall, upon filing of the Record and Memorandum of Appeal, list the appeal for case management and expedite the hearing on a priority basis
- 4.The costs of the application dated 14th November 2024 shall abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Employment and Labour Relations Court at Nairobi
- ELRC Pet. No. E014 of 2024
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Relief refused
#Appointment of either candidate to the office of Vice Chancellor pending appeal
Both limbs of the Rule 5(2)(b) test were addressed by preserving the status quo rather than allowing either party to take office
Costs
The costs of the application dated 14th November 2024 shall abide the outcome of the appeal.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The status quo currently obtaining as regards the ofice of the Vice Chancellor of Kaimosi Friends University shall be maintained pending the hearing and determination of the applicant’s intended appeal, and neither the applicant nor 1st respondent shall be appointed as Vice Chancellor of Kaimosi Friends University during that period.
The applicant shall ensure the Record and Memorandum of Appeal is filed and served the within (30) thirty days of the delivery of this ruling, failing which the status quo order hereinabove shall automatically lapse.
The costs of the application dated 14th November 2024 shall abide the outcome of the appeal.
An applicant has to satisfy two requirements. Firstly, that he or she has an arguable appeal. Secondly, that unless an order of stay is granted, the appeal or intended appeal would be rendered nugatory.
We are accordingly of the view that it is in the public interest that there is no lacuna in the ofice of Vice Chancellor of Kaimosi Friends University and that the issues raised in the intended appeal are determined with dispatch.
Issues in the judgment
#The judgment is styled a ruling on an application dated 14th November 2024, but the underlying judgment it seeks to stay is recorded as delivered on 19th December 2024, i.e. after the application date
The coram lists the 2nd, 3rd and 4th respondents before the ELRC as the Cabinet Secretary, Principal Secretary and Chairperson, Kafu University Council, whereas the trial judgment refers to Kaimosi Friends University Council; the body 'Kafu University Council' appears unexplained
The applicant's cross-petition is said to have been ignored in the judgment below, but no finding is made on that complaint
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango v Nandi & 3 others (Civil Application E028 of 2025) [2025] KECA 1190 (KLR)", Case Analysis (2025). Application dated 14th November 2024 (arising from ELRC Pet. No. E014 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1190/eng@2025-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.