Varsity council rejects Prof Mbithi's bid to extend term

Leadership crisis is once again looming at the University of Nairobi after the University Council rejected request by Vice-Chancellor Prof Peter Mbithi to serve for a second term.

The University Council chaired by Prof Julia Ojiambo has since asked the besieged VC to proceed on terminal leave starting July 6.

RE-APPLY

However, the council asked him to re-apply for the position once it is advertised by the Public service Commission (PSC).

Already the university has three deputy vice-chancellors who are holding the positions in acting capacity after the council rejected appointments that were made in January by then Education Cabinet Secretary Amina Mohamed.

Ms Mohamed had appointed Prof Jama Mohamud, Prof William Ogara, Prof Lydia Njenga and Prof Julius Ogengo but the council declined to give them appointment letters, saying the CS had ignored the initial list that was submitted by the council.

The decision to send home Prof Mbithi was made by the council on Wednesday during a stormy special council meeting which was called decide on the fate of the VC who had asked for a second term.

On Tuesday the council held an ordinary meeting where request letter from Prof Mbithi was distributed to members for review.

The council has since communicated its decision to Prof Mbithi in a letter dated June 26. On Thursday Prof Mbithi was in Mombasa for a retreat with the university students leadership.

“As you are aware, there was amendments to the Universities Act 2012, which came into force in January 2019. The amendment rendered circular NoOP/CAB.9/1A dated November 23, 2010 referred to in the letter redundant. Consequently, within the current legislative framework, the council is not in a position to consider, approve and recommend your re-appointment as requested in your letter dated May 19. The amendments demand that appointment be through a competitive process. No doubt you will be eligible to apply,” reads the letter to Prof Mbithi.

CRITICS

The council thanked Prof Mbithi for his service to the university since his appointment and for expressing interest to be reappointed for a second and final term as the Vice-Chancellor of the University of Nairobi.

Prof Ojiambo said in the letter  that in order to allow for re-appointment process of the VC to take place as provided for by the Constitution and all other enabling statues, Prof Mbithi proceeds on leave.

She said during the time, the VC will continue to enjoy the terms and benefits of the current appointments.

The letter is copied to Dr Virjo Rattansi who is the Chancellor of the University.

Sources at the Wednesday meeting said the session was hot as members were divided on whether to give Prof Mbithi a chance or re-advertise.

The decision is a major victory to University Academic Staff Union (Uasu), Nairobi chapter, which had asked the council to send home Prof Mbithi saying he had failed the institution.

Prof Mbithi had outlined several achievements but his critics said he was riding on projects that were initiated by former Vice-chancellor Prof George Magoha and who is the current Education Cabinet Secretary.

Uasu had accused him of spending Sh20 million on his office furniture at a time when the institution is in “financial distress".

The secretary of the institution’s Uasu chapter George Omondi said the university was insolvent because Prof Mbithi was incompetent and claimed that he was intimidating lecturers to support his application for a contract extension.

The VC was appointed on December 1, 2014 and took up the position on January 6, 2015 for a five –year term and which lapses in January 2020.

However, Prof Mbithi has denied accusations by the union, noting that the university has a large asset base, human resource capital and a global partnership scale “and is therefore not capable of collapsing nor can it be allowed to collapse.”

SACKED

The university, he said, is experiencing financial problems caused by a 30 per cent reduction on government funds and the interruption of academic programmes for eight months in 2017 due to a strike by lecturers.

The latest Auditor-General report for the last financial year shows the university has liabilities of Sh5.7 billion, while assets stand at Sh4.2 billion, resulting in negative working capital of Sh1.4 billion. The report by Auditor-General Edward Ouko tabled in Parliament last month says the university is unable to meet its financial obligations such as remitting taxes of Sh282 million, Sh3 million to the National Social Security Fund, Sh10 million to the  National Health Insurance Fund, Sh204 million to Chuna Sacco and Sh1.5 billion to the Higher Education Loans Board.

In Mombasa, Prof Mbithi asked students at the institution to live within the rule of law and abide by the rules.

“Remorseful students who have been expelled or suspended will be pardoned and allowed to continue with their studies,” he told the session.

He said indiscipline will not be tolerated at the university saying staff get sacked and students get expelled and therefore all must abide by the rule of law.

Prof Mbithi stay at the institution has been rocky as he had a long running battle with his former Deputy Vice-Chancellor Prof Bernard Njoroge after taking over.

Prof Njoroge was later sacked for insubordination but file a case in Court to challenge the sacking.

This is after he accused Prof Mbithi of overstepping his mandate by seeking to control the finances at the institution, which was his area of jurisdiction.

Prof Mbithi had also issued new guidelines directing that all expenditure above Sh100,000 can only be approved by him.

The Vice-Chancellor had also moved performance contracting to his office, taking away powers he enjoyed when he himself served as the DVC, Academic Affairs, before elevation as the university boss.