University of Nairobi Lecturer Ben Sihanya will have to choose between being a don and serving Orange Democratic Movement(ODM).
This is after the Labour court Judge Nduma Nderi ruled that dons cannot mix lecturing with political activities.
The law professor was appointed as the chairperson of the ODM disciplinary committee in August.
“Whereas a lecturer at an institution of higher learning enjoys academic freedom and is not barred from expressing his or her political opinion, such an officer is bound to relinquish his position if he is appointed or elected to an office in a political party,” ruled Justice Nderi.
Sihanya moved to court to challenge the 14-day ultimatum that he had been given to drop either of the two jobs by the EACC.
EACC wrote to him informing him that it was against the law for him to accept the position ODM had offered him while he was still a professor.
Sihanya who was fighting to keep both the jobs argued that the position he holds at ODM is not a public office and he is not a state officer. He said that it was his right to associate with like-minded persons.
The judge however found that the lecturer is a public officer since the university is a parastatal founded through an Act of parliament and that his salary is drawn from taxpayers.
EACC challenged Sihanya’s decision to keep both jobs saying that he should have either turned down ODM’s offer or immediately resigned as a lecturer upon his decision to take up the chairperson duties.
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