The High Court has directed Prof. Ben Sihanya to choose between serving as a lecturer or the chairperson of the ODM disciplinary committee.
Sihanya, a law lecturer at the University of Nairobi (UoN), was appointed to the ODM committee in August last year but the Ethics and Anti-Corruption Commission (EACC) challenged the move, arguing that as a public officer, the scholar is prohibited from holding any political office.
Prof. Sihanya then moved to court seeking to quash the letters sent by EACC, which gave him 14 days to resign from the position.
But Justice Mathews Nduma on Thursday ruled in favor of EACC, stating that a lecturer at a public university earns salary and benefits out of funds provided by Parliament.
“It follows therefore that the 1st petitioner (Prof Sihanya) is prohibited under section 12 of the Political Parties Act, and section 23 of the Leadership and Integrity Act to hold office in a political party,” the judge ruled.
He added: “Holding the office of a lecturer at a public university and at the same time holding an appointed office of a chairperson of a disciplinary committee on a dominant political party amounts to performing daily or continuous political activities that may be seen to compromise the political neutrality of the office or a lecturer.”
The court agreed with EACC that Sihanya’s appointment as the chairperson of the ODM disciplinary committee was in violation of the Political Parties Act and Leadership and Integrity Act.
“Following the above exegesis, and in answer to the issues above, the court finds that the action by the respondent in giving the 1st petitioner opportunity to elect to remain a lecturer at the University of Nairobi or opt to become the chairperson of the disciplinary committee was lawful, fair and just,” judge Nduma stated.
