The Egerton University Vice Chancellor's case against her suspension will proceed to full hearing as the Employment and Labour Relations Court in Nakuru has dismissed the suit against it.
Justice Monica Mbaru threw out the application by the University Council, for the petition to be struck out on grounds of being incompetent and an abuse of court processes.
In the application dated November 9, 2018, the council, which is the respondent in the judicial review proceeding, argued that it was not the legal entity capable of suing or being sued.
It urged the court to dismiss the case by Prof Rose Mwonya with costs.
In her ruling, Justice Mbaru noted that the question of capacity had no place in the judicial review and that it mattered that the respondent is a public administrative body exercising quasi-judicial powers.
“The objections made are found without merit and are hereby dismissed. The parties shall address the substance of the motion before court and each party will bear its own costs,” she said.
Prof Mwonya took court action on September 19, 2018 after the council sent her on a compulsory 90-day leave.
Through lawyer Dr Otiende Amollo, she contested claims in a letter by the council that formed the basis for sending her on leave.
In the letter dated September 7 that year, the council alleged that the VC was involved in procurement malpractices that led to loss of millions of shillings and that she interfered with students' records.
Prof Mwonya, who was also accused of insubordination, dismissed the accusations, saying the decision to send her away was unlawful and in violation of the rules of natural justice.
The court temporarily reinstated her on October 18 and asked her to help with investigations pending the determination of the case.
The hearing will commence on March 26.