Lecturers win big as court lifts travel restrictions
What you need to know:
The University Academic Staff Union (Uasu) challenged the directive, arguing that due to the nature of their work, they are often required to travel outside the country
The union had stated that many of its members had been denied clearance for flights and physically restrained from boarding their flights.
The High Court has allowed university lecturers to travel outside the country without seeking clearance from the President.
Justice Enoch Mwita quashed travel restrictions imposed by the government through a circular issued by the Head of Public Service and President Uhuru Kenyatta’s chief of staff Joseph Kinyua in September, 2017.
Justice Mwita ruled the Attorney General together with Mr Kinyua failed to justify the decision to limit lecturers’ fundamental rights and freedom of movement.
INCONSISTENT
The University Academic Staff Union (Uasu) challenged the directive, arguing that due to the nature of their work, they are often required to travel outside the country to participate in regional and international collaborative research workshops, specialised conferences and seminars.
The judge said the circular and the letter are inconsistent with Article 39(1), (2) as read with Articles 10, 19, 20(1), (2), 21(1) and 24(1) of the Constitution.
REASONABLE
The Circular directed that, with effect from September 13, 2017, no government official would travel outside the country without clearance by the President.
The court heard that those targeted included Cabinet Secretaries, Principal Secretaries and Officers in Ministries; Chief Executive Officers of Parastatals and their officers and board of directors of parastatals.
“The circular does not meet the threshold set in Article 24(1) insofar as limitation of the petitioner’s members’ fundamental rights and freedom of movement is concerned. The limitation is neither reasonable nor justifiable in an open and democratic state that we are,” said the judge.
RESTRAINED
The Attorney General defended the directive, contending that the President, as head of state and government, is empowered by Article 132(3) of the Constitution to direct and co-ordinate functions of ministries and government departments.
That section of the law provides that the functions of the President include to direct and co-ordinate the functions of ministries and government departments.
But the judge said the words “direct and co-ordinate functions” cannot, however, be strained in meaning to imply limiting fundamental rights and freedoms of Uasu members. The union had stated that many of its members had been denied clearance for flights and physically restrained from boarding their flights.
