Secret meetings held to end Amina, UoN appointments row

Efforts are being made behind the scenes to end the standoff between Education Cabinet Secretary (CS) Amina Mohamed and University of Nairobi (UoN) Council on appointment of three deputy vice-chancellors (DVC).

Ms Mohamed last week briefed Attorney-General Kariuki Kihara on the standoff while other meetings are said to have been lined up between the CS and the Prof Julia Ojiambo-led Council.

Sources told the Nationthat the meetings are meant to end the confrontational approach that has been adopted by both parties.

Already, the university Council has sought an advisory opinion from the AG while the ministry has responded to the issues raised and now it’s upon Mr Kihara to determine the way forward.

Also, the Consumer Federation of Kenya has filed suit challenging the appointments.

'BRAVE FACE'

On Tuesday, the university Senate meeting chaired by Vice-Chancellor Prof Peter Mbithi put on a brave face in wake of the leadership crisis.

During the meeting, the appointees promised to support whoever will be settled on once the dispute is resolved.

Those whose appointments are being contested are: Prof Lydia Njenga, Prof Mohamud Jamah, and Prof William Ogara.

They were to have been issued with contracts by the Council by January 29 but it has been reluctant.

It’s only the appointment of Prof Julius Ogeng’o as the deputy vice-chancellor (DVC) for academic affairs that has not been contested by the Council.

AMINA'S RESPONSE

But in her response Ms Mohamed said she appointed Prof Njenga instead of Prof Madara Ogot as the research DVC because of gender considerations.

She said Prof Ogeng’o was picked because of his performance and for regional balancing.

For Finance DVC, the Council wanted Prof Isaac Mbeche, who is currently heading student affairs but Ms Mohamed picked Prof Jama because he comes from Marsabit — which is recognized as one 14 arid and semi-arid areas that are also underrepresented in public service as well as the University of Nairobi.

Despite Prof Stephen Kiama being the top candidate for human resource DVC, he was overlooked because of regional balancing, Ms Mohamed said.

Instead, she appointed Prof Ogara after having picked Prof Njenga from Murang’a County to the management team.

UNIVERSITIES ACT

She said section 35(1) (a) of the Universities Act provides that: a Council, shall in the case of public universities, recommend the appointment of the VC, DVC, and principals and deputy principals of constituent colleges to the Cabinet Secretary after a thorough a competitive process.

“The emerging practice of agencies under “Parent Ministries” seeking direct advisory from the Office of the Attorney-General and receiving the same poses the danger of disrupting the functioning of the government structures as envisioned under Executive Order No. 1 of 2018.

In such circumstances, the office of the Attorney-General should play the role of an impartial arbiter to avoid complications of representation in litigious circumstances arising from the matter in question,” said the CS in her response.

MAKAU RULING

But the Council objected to the appointment, saying the candidates that it recommended ought to have been picked. It also cited a 2017 court ruling in Mombasa.

In the case of former VC of Technical University of Mombasa, Prof Josphat Mwatela, Justice Onesmus Makau ruled that the Cabinet Secretary lacked legal and contractual authority to hire, employ or fire staff of the university.

The judge further stated that universities are the highest institutions of learning, playing a central role of paving the future development of the nation and humanity and cannot be left at the disposal of one person without following the law.