One student at Jomo Kenyatta University of Agriculture and Technology (JKUAT), Reg. No. SCM 212-0298/2019 accused Prof. David Mwangi Theuri claiming that he had intentionally failed her in two examination papers, SMA 2212 and SMA 2217, allegedly for refusing his sexual advances. The student in her evidence, revealed that she passed the papers. The university terminated Prof. Theuri’s contract over the issue.
Prof. David Mwangi Theuri sued the management of Jomo Kenyatta University of Agriculture and Technology (JKUAT) over what he termed an unfair termination of employment through a Notice of Motion dated March 13, 2023, seeking orders stopping the university from advertising and filing his job in the position of Associate Professor at the University.
Prof. Theuri revealed that in a report dated August 11, 2022, the Chief Security Officer of JKUAT informed the Deputy Vice-Chancellor (Administration) (DVC (A)) that he had been making inappropriate advances to a female student in the department, and the Deputy Vice-Chancellor (Administration) issued a Notice to Show Cause on September 22, 2022, which he responded to on September 29, 2022, denying the allegations. He was invited to a disciplinary hearing on November 7, 2022, but claimed that the committee did not conduct investigations and had insufficient evidence against him.
In a ruling dated September 18, 2023, by Judge Jacob Gakeri of the Employment and Labour Relations Court in Nairobi, the ruling reads “In the upshot, the Notice of Motion dated March 13, 2023, is unmerited, and it is accordingly dismissed with no orders as to costs”.
In his affidavit, Prof. Theuri claimed that he joined JKUAT as an assistant lecturer in 1992 in the Department of Mathematics and Computer Science and had since risen to the position of Associate Professor effective April 22, 2015. However, his employment was unlawfully terminated by JKUAT on November 7, 2022, notwithstanding his commitment, diligence, and honesty throughout his employment.
According to Prof. Theuri, JKUAT’s staff Disciplinary Committee of Council returned a guilty verdict on him and was summarily dismissed maliciously, wrongfully, and unlawfully, and the appeal letter dated November 24, 2022, was not responded to.
The ruling further reads “It is the finding of the court that the applicant has failed to demonstrate that the application for a temporary injunction is merited”