The troubled vice-chancellor of Egerton University Rose Mwonya is holding secret meetings with her fellow tender bandits as she puts up a bitter fight to insulate herself and looting partners from being thrown to jail.
The tender bandits remain a worried lot about the possible ouster of Mrs Mwonya since her exit will leave gaps for anti-graft authorities to penetrate and bring their entire looting ring to books.
Mwonya has fleeced Egerton University hundreds of millions of shillings through shady tenders awarded to her accomplices, contrary to procurement laws.
She is also fighting to remain at the helm to keep her ‘appointees’ in plum positions at the institution. Her appointees also fear that her ‘full exit’ will leave them exposed to the wrath of successors and the EACC.
The tender bandits led by Mwonya herself have laid out various mechanisms to avoid jail including a plan to take legal actions. She is looking for a suitable court to issue her reinstatement.
Desperate move is an indication that the Mwonya is aware that if her return is blocked by the university’s council, contempt proceedings may be initiated which can eventually lead to her imprisonment or payment of hefty fines.
The Luos she planted in plum positions at the university to aid her looting schemes advised her to go for the same in her legal team led by ODM’s Otiende Amollo.
Mwonya’s ring also enjoys a good relationship with the authoritative Education CS Prof. George Magoha.
She has already thrown shots at the university’s council by accusing them of reckless and unreasonable actions to have her disciplined over corruption and abuse of office. Prof. Mwonya's lead counsel Otiende Amollo [p/courtesy] Documents filed at Nakuru court show that Mwonya has issues with Egerton University Council chairman Hukka Wario who issued show case letters on matters she claims had been handled in court.
The letter signed by Wario reversed an earlier letter by Magoha and recommended that Mwonya’s five-year contract be withdrawn.
Mwonya is arguing that Magoha’s ‘protection’ should be final since he is the appointing authority.
“The respondent acted ultra vires by deliberately disregarding the final decision-making power of the cabinet secretary, and instead frustrating the ex-parte applicant by prematurely forcing her out even before a decision is made and communicated on her application for a second term, breaching sections 4 and 6 of the fair administrative action Act,” Otiende Amollo wrote in an affidavit.
She challenged the charges claiming that they are not any different from the same charges which forced her into compulsory leave in 2018.
“I cannot be tried twice over the same cases. This will lead us to the same corridors of justice again. As we engage in sideshows and fights, the core mandate of the university suffers. Just as the court found me innocent, I still maintain the same and find no reason why any disciplinary action should be taken against me”, Mwonya wrote.
The corrupt Egerton University boss had moved to the High Court under a certificate of urgency and obtained an injunction on November 30 2020 by Justice Hellen Wasilwa of the High Court in Nakuru.
Justice Wasilwa ruled that the appointment of Prof Kibwage who was to take over from Mwonya had been suspended until her case is heard and determined.
The deep pocketed looter as put up a strong fight led by top notch lawyers and lawmakers who should guard the public funds and fight corruption in state agencies.
“In compliance with section 39 (1) (a) of the Universities Act, the respondent’s chairperson through the reasoned letter of 10/8/2020 unreservedly recommended to the CS Ministry of Education that the ex-parte applicant’s service as vice-chancellor be renewed for a second term, positively endorsing her performance track record”, Otiende Amollo argued.
MP Otiende who is a member of ODM party that has shifted from fighting corruption to defending the corrupt further accused the council of pre-empting decisions by CS Magoha over Mwonya’s term.
“The respondent suddenly and maliciously turned around with deliberate intent to preempt any decision by the CS on the pending application for renewal of the term, and recklessly rushed its decision to instead force the ex-parte applicant into terminal leave and replacing her with an acting vice-chancellor without any justification,” he added.