Education Cabinet Secretary Fred Matiang’i disbands University councils

Education Cabinet Secretary Fred Matiang’i yesterday disbanded University of Nairobi’s (UoN) governing council as he notified all public universities of impeding dissolution of their councils.

In an advertisement in a local daily, Dr Matiang’i said all governing councils of public universities must be dissolved and properly reconstituted through a competitive process.

“The Ministry of Education, Science and Technology notifies the serving members of all governing councils of public universities, members of the general public and all stakeholders of its intention to reconstitute governing councils of all public universities and constituent university colleges,” said CS Matiang’i.

Section 76 (3) of the Universities Act says: “All Councils of public universities in existence immediately before the commencement of this Act shall remain in office for a period not exceeding six months after which new councils shall be appointed under this Act.”

Matiang’i made reference to a High Court ruling that nullified the appointment of the university council of Jomo Kenyatta University of Agriculture and Technology for breaching Section 3 of the Universities Act and Article 10 and 232 of the Constitution of Kenya.

He said, “The provisions of Article 47 read together with those of Fair Administrative Act No. 4 of 2015, require that the serving members of the respective councils be given notice of our intention to reconstitute the said councils to comply with the High Court ruling. This announcement constitutes that notice.”

As at now, most public university governing councils are in office illegally as they are in breach of University Act.

The CS, however, moved to assure all stakeholders that the exercise will be conducted responsibly, in an open and competitive manner.

“In the meantime, the business of the universities and constituent university colleges should continue uninterrupted in keeping with the ruling in the JKUAT, which saved all the decisions of the existing university councils,” he clarified.

This move by the ministry will render current members of the councils jobless since most of them may not be retained.

Meanwhile, the decision to send home first members of UoN council and its constituent college, Embu University College, may have been informed by the wrangles over control of the institution’s resources.

The university’s top management officials have been embroiled in an unending tussle, with the Vice Chancellor Peter Mbithi and his deputy in charge of administration and finance Bernard Njoroge being at the heart of it. The battle has since seen Prof Njoroge also sucked in the institution’s council.

The Universities Act came to force in 2012, meaning that most current councils should have been reconstituted two years ago.

The council ought to consist of nine members; five of them shall be competitively appointed by the Cabinet secretary, according to Section 36 of the Universities Act.

Other members are PSs in the Ministry of Education and Finance, a chairperson and the Vice Chancellor as an ex officio member.

Dr Matiang’i is said to have told management of public universities that time for “making tough decisions is now” as he laid out a raft of goals he is set out to achieve.

The CS asserted that, “certain decisions must be made” in key sector reforms to be rolled immediately.