High Court reinstates sacked UoN council chairman Amukowa Anangwe
Anangwe obtained orders revoking the Gazette notice announcing his ouster and obtained further orders prohibiting the Ministry of Education from recruiting a chairman for the UoN council pending a hearing and determination of his application.
The High Court has reinstated the chairman of the University of Nairobi (UoN) council chairman Professor Amukowa Anangwe a week after he was sacked by Education Cabinet Secretary Julius Ogamba.
Justice Bahati Mwamuye revoked a Gazette notice 1957 issued by Ogamba on February 21 sending Prof. Anangwe home and barred the CS from making an appointment related to the replacement of the veteran don as the chairman of the UoN Council.
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Prof. Anangwe was appointed chairman to chair the council of the varsity for a period of three years beginning May 2023 and Ogamba had terminated his contract 14 months earlier.
However, his lawyer Abdirazak Mohamed quickly crafted a legal suit that will likely suspend the former Moi era Cabinet Minister in the office until the end of his term.
Abdirazak obtained orders revoking the Gazette notice announcing Prof. Anangwe's ouster and obtained further orders prohibiting the Ministry of Education from recruiting a chairman for the UoN council pending a hearing and determination of Prof. Anangwe's application to cancel his dismissal.
Through Abdirazak, Prof. Anangwe had moved the court seeking orders to prevent the implementation of the gazette notice revoking his three-year term appointment.
Abdirazak had told the court that unless the Gazette notice was revoked and the petition heard immediately, Prof. Anangwe was likely to be substantively ousted.
"Pending hearing and determination of the petition and the application, a conservatory order is hereby issued restraining the CS, Attorney General and UoN from appointing any other person as the chairperson of the council of the university," Justice Mwamuye ordered.
Access to office
Mwamuye also restrained the CS among others from preventing Prof Anangwe access to the physical office of the UoN Council chairman or access to any other related premises necessary for the discharge of functions of that office.
The judge also barred the UoN from undertaking anything that would amount to obstruction or in any way preventing or interfering with Prof. Anangwe's discharge of the powers and functions of that office.
"Pending the hearing and determination of the petitioner's (Prof. Anangwe's) application, a conservatory order is hereby issued maintaining the obtaining status quo that arose as a result of the gazette notice no. 6767 dated 22/5/2023 by dint of which (Prof. Anangwe) was appointed as the chairman of the for a period of three years," the judge stated.
The judge ordered CS Ogamba and AG Dorcas Odour to file responses to the case by close of business on March 14, 2025. Prof. Anangwe says that his removal was baseless and contrary to the law.
Abdirazak told the judge that the removal of Prof. Anangwe was politically engineered and lacked legal backing.
"The respondent (Ogamba's) act of revoking the appointment of the Chairperson of the UoN is intended to plunge the university into chaos.....the said unlawful act which has interfered with the leadership of the apex governance organ of the University has been made at a time when the process of recruitment of the University's Vice-Chancellor and Deputy Vice Chancellor-Academic Affairs is underway," Abdirazak stated.
"The actions are unlawful, irrational and in the breach of the rules of natural justice constitutes abuse of power and discretion, and infringe (Prof. Anangwe's) legitimate expectations to be subjected to due process."
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