UoN council says Ndemo’s appointment legal, blames external interference for confusion

The University of Nairobi Council has dismissed reports that the appointment of Kenya’s Ambassador to Belgium, Prof Bitange Ndemo, as its new vice chancellor was unlawful, maintaining that it followed due process.

In a statement on Tuesday, the university council said Ndemo’s appointment was done following the Universities Act and the University of Nairobi Charter. It noted that any contrary narrative is false and misleading.

Ndemo’s appointment was confirmed by the university council on Thursday last week, which announced that he would succeed acting Vice Chancellor Margaret Jesang Hutchinson upon completion of his diplomatic posting.

In a letter dated May 5, 2025, the council appointed Prof Francis Jackim Mulaa as Acting Vice Chancellor for six months, effective immediately, to allow time for Ndemo’s transition back to the country.

However, in a surprising turn of events, Ndemo distanced himself from the appointment, describing the process as “unprocedural”.

He said he had consequently withdrawn his candidacy for the position.

Surprise in Ndemo’s decision

The UoN Council expressed surprise in Ndemo’s decision to decline the vice chancellor’s post, noting that he had expressed interest and requested a formal appointment letter.

“What made him change his mind suddenly in the wee hours of the night, it is up to him to tell Kenyans,” said UoN Council Chairman Amukowa Anangwe.

Anangwe noted that unless he receives a formal communication from Ndemo, he considers the appointment valid.

“But as the chairperson of the council, Prof Ndemo is the duly appointed vice chancellor of the University of Nairobi, unless he writes to me formally about his rejection, which he has yet to do,” Anagwe said.

Pending his formal rejection, the council said it has appointed Prof Francis Jackim Mulaa as acting vice chancellor for six months to prevent a leadership vacuum.

Anangwe clarified that the role of the Education Cabinet Secretary in the appointment process for the vice chancellor and deputy vice chancellor (Academic Affairs) is strictly limited to consultation, as stipulated in the Universities Act, 2012, Section 35. This section mandates that while the Cabinet secretary must be consulted, the final authority to make the appointments rests with the university council.

Under Section 35 (1)(a)(v) of the Universities Act, the council is responsible for appointing the vice chancellor and deputy vice chancellor, in consultation with the Cabinet secretary, after a competitive process facilitated by the Public Service Commission.

Anangwe emphasised that consultation does not equate to concurrence, citing a ruling from the Civil Appeal Court in Case No. EO59 of 2022. The court’s judgment, particularly paragraph 62, outlines key principles of consultation, noting that the consultor (the university council) must provide reasonable notice and opportunity for the consultee (the Cabinet secretary) to offer views, but the final decision-making authority remains with the council.

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• Education
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• Prof Bitange Ndemo
• University of Nairobi ice chancellor
• UoN council says Ndemo’s appointment legal
• blames external interference for confusion

“Consultation does not give the consultee veto power over the decision,” the court ruling stated, adding that consultation must be formal and documented.

Merit lists

Anangwe said the Public Service Commission successfully conducted interviews for the positions of vice chancellor and deputy vice chancellor, academic affairs, of the University of Nairobi, and forwarded its merit lists to the chairperson.

Following this, a letter was sent to the Education Cabinet Secretary on March 28, 2025, requesting the convening of a special council meeting to deliberate and resolve the appointments based on the merit lists. However, Anangwe said the Cabinet Secretary declined this request.

He noted that subsequent attempts to convene the second quarterly council meeting, which was scheduled to include the appointment discussions, were thwarted when council members were reportedly intimidated, and government representatives withdrew. He said this led to a quorum issue, preventing the meeting from proceeding as planned.

In response to the challenges, the chairperson invoked the council’s authority and initiated the consultative process with the Cabinet Secretary. This, he said, was done through a letter dated May 2, 2025, which was delivered to the Cabinet Secretary’s office.

The Cabinet Secretary replied on May 5, 2025, confirming the nominations of Ndemo for vice chancellor and Mulaa for Deputy Vice Chancellor, Academic Affairs.

Anangwe noted that while the Cabinet Secretary’s response was received late, the consultative process had been followed. He further emphasised that the appointments of Ndemo and Mulaa are legally valid, pending formal ratification by the university council.

“The narrative that the chairperson did not pursue consultations with the Cabinet Secretary is false,” Anangwe said.

Legally made

“The appointments of Prof Ndemo as Vice Chancellor and Prof Mulaa as Deputy Vice Chancellor have been legally made, and they will hold their respective positions, subject to council ratification.”

The council has now urged external parties with vested interests to cease interfering in the university’s affairs, noting that such meddling only serves to destabilise governance and hinder progress.

Anangwe called on all stakeholders to support the university’s legal structures and uphold the rule of law.

“The Council should be allowed to function without hindrance, intimidation or unlawful interference,” he said, insisting that the university must be governed in line with the Universities Act and the University of Nairobi Charter, 2013.

The council also challenged the Ministry of Education to provide leadership by resisting undue pressure from actors who, according to the council, are perpetuating impunity and disregarding lawful procedures.