Education Cabinet Secretary Fred Matiang'i has reconstituted university governing councils for 22 institutions.
This came as the High Court ruled that he did not have powers to disband and reconstitute the organs.
High Court judge George Odunga, in a case filed in relation to University of Nairobi's council, said although the law allows Dr Matiang'i to appoint members of a council, it does not allow him to disband an existing one.
The CS went ahead to advertise the position in the local dailies for interested parties to apply, going against Attorney General Githu Muigai's advice.
“Since section 36 (1) of the Universities Act which the applicant relied upon does not confer power upon the CS to reconstitute the council in the manner it did, the CS clearly acted without or in excess of his power as was properly opined by the Attorney General,” said Justice Odunga.
But the AG argued the case had been passed by events as Matiang'i had rescinded the announcement.