Education Ministry nullifies UoN leadership shake-up over legal breaches, reinstates VC Hutchinson
On Thursday, the University of Nairobi Council announced Prof Bitange Ndemo as the next vice chancellor to succeed Prof Hutchinson after his diplomatic term, but he later declined the appointment.
The Ministry of Education has overturned recent leadership changes announced by the University of Nairobi Council, citing violations of the law and failure to follow proper procedure.
The Ministry declared the appointments invalid and reinstated the university’s current leadership team.
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In a statement released on Friday, Principal Secretary Beatrice Inyangala said the ministry had not been consulted on the council’s decision to appoint Prof Francis Jackim Mulaa as both substantive Deputy Vice-Chancellor (Academic Affairs) and acting Vice-Chancellor. The ministry insisted that such changes must follow a competitive process led by the Public Service Commission and be done in consultation with the Cabinet Secretary for Education.
According to the PS, Prof Margaret Jesang Hutchinson remains the university’s Vice-Chancellor, while Prof Ayub Gitau continues as Deputy Vice-Chancellor (Academic Affairs). Prof Francis Mulaa, who had been appointed to a different role by the council, will retain his position as Deputy Vice-Chancellor (Research, Innovation and Enterprise).
Other officials who maintain their roles include Prof John Demesi Mande (Deputy Vice-Chancellor, Human Resource and Administration) and Prof Jackson Maalu (Deputy Vice-Chancellor, Finance, Planning and Development).
Bypassed legal requirements
Inyangala said the appointments made by the council had bypassed legal requirements, including the need for the Cabinet Secretary's involvement and adherence to guidelines in the Universities Act, 2012.
“The Ministry will work with all agencies and stakeholders to ensure that our institutions of higher education are managed in accordance with the edict of the law and in a manner that is consistent with principles of corporate governance,” she stated.
The PS further noted that no formal council meeting was held to deliberate on the appointments before the letters were issued. She said this move undermined the role of the university council and violated established procedures for appointments in public universities.
“The purported appointments are also contra-statute for not adhering to the mandatory procedure for appointment as outlined in Section 35(1)(a)(v) of the Universities Act, 2012. These egregious violations of the law shall not be condoned and will form the basis for appropriate action in due course,” she said.
The statement from the ministry follows earlier developments involving Kenya’s Ambassador to Belgium, Prof Bitange Ndemo.
On Thursday, the University Council announced his appointment as the next vice chancellor to replace Prof Hutchinson once his diplomatic term ends. However, Ndemo later declined the appointment.
In his statement, Ndemo said he had withdrawn from the selection process after learning that the appointment had not followed the correct procedure. He described the move as “unprocedural” and expressed concerns over whether the required approval from the Cabinet Secretary had been obtained.
After receiving the letter confirming his appointment, Ndemo said he contacted UoN Council Chairman Amukowa Anangwe to confirm whether the Education Ministry had approved the appointment. He was informed that the necessary documents had been submitted and concurrence sought.
Despite this assurance, Ndemo decided to step back, saying the process was flawed and lacked the transparency required for such a senior position. His withdrawal added to the controversy, prompting the Education Ministry to issue a statement rejecting the council’s actions.
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