NAIROBI: Education Cabinet Secretary Fred Matiang'i's bid to dissolve the University of Nairobi (UoN) council has been vetoed by the State Law Office.
The institution's vice chancellor and his deputy have been embroiled in a running row.
Attorney General Githu Muigai has written to Matiang'i disapproving the proposed disbandment of the council, which has reportedly defied the minister's demand to reinstate suspended Deputy VC Bernard Njoroge.
According to sources at Sheria House, the legal opinion denouncing the disbandment was dispatched to Matiang'i on Monday.
It was also copied to Chief of Staff and Head of Public Service Joseph Kinyua and Secretary of State Corporations Advisory Committee Jane Mugambi.
"Yes it's with them; that I can confirm. As to the details of the opinion, I cannot tell you. You may have to do a little bit of legwork or revert to the same sources who told you about it," Githu told The Standard Wednesday.
Matiang'i wrote to the AG on December 9 seeking a legal opinion on the disbandment of the council on account of its legal status, which was being challenged in court.
Besides, the minister argued, two members had resigned from the council, further rocking its legitimacy.
A week later after seeking the AG's nod and before he responded, Matiang'i wrote to university council chairman Idle Omar Farah ordering him to cease calling or holding any council meeting.
The CS said that in his view, the council lacked quorum following the resignation of two members.
The two members, Betty Gikonyo and Joseph Tui Hamisi, resigned in circumstances relating to the infighting between Vice Chancellor Prof Peter Mbithi and Mr Njoroge.
The remaining board members are Dr Farah, Prof Mbithi, Dr Sanjav Advani, Mrs Pascalia Koske, Dr Lucy Kiyiapi, Mr Samuel Kiiru and Ms Fenny Mwakisha.
According to sources, the minister cited paragraph four of the first schedule of the Universities Act to argue the board lacked quorum.
The Act states that "the quorum for a meeting of the board shall be seven members, who shall include five appointed members".
However, in the legal opinion rendered on Monday, Muigai is understood to have told off Matiang'i on the quorum argument, saying he picked the wrong law.
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He also said the minister could not revoke the council unless exceptional circumstances exist and unless directed by a court of law.
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