High court suspends UoN council dismissals

University students from left to right Masten Ogweno (Kenyatta University),Zadock Okoth Nyakwaka (UON),Michael Odungo (University of Eldoret and Adrian Oluoch (Chuka University)address the press outside University of Nairobi towers on Sunday,November 10,2024 on the ongoing public university lecturers.[Collins Kweyu,Standrad] The High Court has issued interim conservatory orders suspending the government's controversial decision to revoke the appointments of University of Nairobi (UoN) Council members, warning of an imminent governance crisis at the country's oldest university. In a ruling by Justice Lawrence Mugambi, the court stayed the implementation of Gazette Notice No. 4656 dated April 11, 2025, issued by the Education CS Migos Ogamba, pending a hearing scheduled for May 13, 2025. "This matter raises serious constitutional and administrative concerns," the court stated. "Pending hearing and determination of the Petition, this Court issues conservatory orders staying the revocation of the Petitioners' appointments to the University of Nairobi Council," the order reads. The Council members, whose appointments were set to run until May 22, 2026, had been removed barely days before a crucial Council meeting scheduled to deliberate on human resource and governance matters, including appointing a substantive Vice-Chancellor. The Petitioners Parmain Ole Narikae, Carren Kerubo Omwenga, and others allege their removal was not only unlawful but also orchestrated to interfere with the process of appointing top university officials. The petition, filed through KBN Associates, paints a picture of a rushed, ill-considered decision made by the Ministry of Education, allegedly without adhering to due legal process. "The Cabinet Secretary, Ministry of Education, acted in blatant disregard of Section 8(1) of the Universities Act, which outlines the lawful grounds for revoking Council appointments. None of those grounds apply to our clients," said lead counsel Ahmed Sheikh Abdullah. Education Cabinet Secretary Julius Ogamba had been accused of meddling in the affairs of the University of Nairobi. At the centre of the dispute is the process surrounding the appointment of the new Vice Chancellor (VC) and the Deputy Vice-Chancellor for Academic Affairs (DVC-AA). The Public Service Commission conducted interviews and subsequently forwarded a shortlist of candidates to the university Council chairperson, Prof Amukowa Anangwe. In accordance with Section 35(1)(a)(v) of the Universities Act, 2012, the university council was to convene a special meeting to deliberate and appoint the new VC and DVC-AA. In a letter dated March 28, 2025, Prof Anangwe formally sought permission from the Cabinet Secretary to hold the special meeting on April 2. However, CS Ogamba declined the request. In a letter dated April 1, Ogamba cited pending investigations into alleged irregularities flagged in the Auditor-General's report for the financial year ending June 30, 2024. However, university insiders dismissed the Cabinet Secretary's justification as baseless. "Audit queries are done for all parastatals in Kenya, and then institutions are called to defend themselves at the parliamentary committee. There is nothing like operations being stopped in any institution until the Public Investment Committee (PIC) finishes its work," said a council member. UoN Student leaders also accused the ministry of orchestrating chaos to manipulate the VC appointment. In what appears to be a calculated reshuffling, the same Gazette Notices that revoked the Petitioners' appointments to UoN also reappointed them to the Councils of Mama Ngina University, University of Embu, Karatina University, and University of Eldoret for precisely one year and eleven days, the remainder of their original UoN term. "The law is clear. Council members of public universities must serve a three-year term. Appointing them for a shorter term is not only unlawful but raises questions about the intentions behind the move," the Petitioners argue in court documents. The vacuum left by the abrupt revocation has also paralysed key decision-making processes at the university. According to the petition, the current composition of the UoN Council now lacks a quorum to conduct official business. The Council currently consists of only the Chairperson, the Principal Secretaries of Education and National Treasury, and the Acting Vice-Chancellor, falling short of the six-member quorum required by Section 36(1) of the Universities Act. "Without a functioning Council, the University cannot appoint a substantive Vice-Chancellor or renew acting appointments to key administrative offices," the Petitioners warned. "This places the university's governance and academic continuity at risk." The Petitioners argue that: "We were preparing for a full Council meeting on April 22 to deliberate on major governance matters. The sudden revocation caught everyone off guard." They insist that their removal was driven by ulterior motives aimed at stacking the Council with individuals more favourable to the Ministry's agenda, particularly in the selection of a Vice-Chancellor. "The rule of law must prevail over personal or political interest," concluded Abdullah. "Our clients are fully qualified and were lawfully appointed. This interference undermines the integrity of public university governance." Justice Mugambi ordered the case be mentioned virtually before Justice Bahati Mwamuye on May 13 for further directions. The judge also directed the Education CS Ogamba, to file his responses to the lawsuit within 5 days.

High court suspends UoN council dismissals

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