High Court suspends revocation of UoN council as governance crisis looms

The High Court has suspended the government’s move to revoke the appointments of University of Nairobi (UoN) Council members, warning of a looming governance crisis at the institution amid a backdrop of legal drama and corruption investigations.

Justice Lawrence Mugambi ruled that the decision to remove the members was made in haste and without due process, issuing interim conservatory orders to prevent the implementation of Gazette Notice No. 4656, dated April 11, 2025, pending a full hearing on May 13, 2025.

“Pending hearing and determination of the Petition, this Court issues conservatory orders staying the revocation of the Petitioners’ appointments to the University of Nairobi Council,” Justice Mugambi ruled, adding that the matter raises serious constitutional and administrative concerns.

The Council members, Dr Parmain Ole Narikae, Carren Kerubo Omwenga, Sally Ngeringwony Toroitich and Ahmed Sheikh Abdullahi, were removed just days before a scheduled Council meeting expected to deliberate on critical governance matters, including the appointment of a substantive Vice-Chancellor.

The petitioners argue that their removal was not only unlawful, but was also politically motivated and aimed at interfering with the leadership transition at the country’s oldest public university.

“The Cabinet Secretary, Ministry of Education, acted in blatant disregard of Section 8(1) of the Universities Act, which outlines the lawful grounds for revoking Council appointments. None of those grounds apply to our clients,” lead counsel Ahmed Sheikh Abdullahi said.

The petition, filed through KBN Associates, describes the CS’s actions as rushed and devoid of legal justification.

“The rule of law must prevail over personal or political interest. Our clients are fully qualified and were lawfully appointed. This interference undermines the integrity of public university governance,” Ahmed said.

The petitioners contend that the move was strategically timed to block a special Council meeting that had been scheduled for April 2, where the Council was set to deliberate and appoint a new Vice Chancellor and Deputy Vice Chancellor for Academic Affairs (DVC-AA). The Public Service Commission had already conducted interviews and forwarded a shortlist of candidates to the Council chairperson, Amukowa Anangwe.

In a letter dated March 28, 2025, Prof Anangwe sought permission from the CS to convene the meeting, but the CS declined in a letter dated April 1, citing ongoing investigations into financial irregularities raised in the Auditor General’s report for the financial year ending June 30, 2024.

However, university insiders dismissed the justification as unconvincing.

“Audit queries are done for all parastatals in Kenya, and then institutions are called to defend themselves at the parliamentary committee. There is nothing like operations being stopped in any institution until the Public Investment Committee (PIC) finishes its work,” a Council member said.

In what the petitioners describe as a calculated reshuffle, the same Gazette Notice that revoked their UoN appointments reassigned them to other universities, including Mama Ngina University, University of Embu, Karatina University and University of Eldoret, for a term of one year and eleven days, precisely matching the remainder of their initial three-year term at UoN.

“The law is clear. Council members of public universities must serve a three-year term. Appointing them for a shorter term is not only unlawful but raises questions about the intentions behind the move,” read the court documents.

The revocation has created a governance vacuum at the university, rendering the Council unable to transact official business.

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According to the petition, the current composition of the Council, comprising the Chairperson, Principal Secretaries for Education and the National Treasury, and the Acting Vice-Chancellor, falls short of the six-member quorum required under Section 36(1) of the Universities Act.

“Without a functioning Council, the university cannot appoint a substantive Vice-Chancellor or renew acting appointments to key administrative offices,” the petitioners warned. “This places the university’s governance and academic continuity at risk.”

Meanwhile, the Ethics and Anti-Corruption Commission (EACC) has intensified investigations into alleged financial misconduct at the university.

The commission has summoned Acting Vice Chancellor Margaret Hutchinson, Council Chair Anangwe, Dr Parmain Ole Narikae, Dr Kenrick Ayot, Joel Kibe, Carren Omwenga and Ahmed Sheikh Abdullahi to appear for interrogation and statement recording.

The investigations centre on claims of irregular payments of allowances to Council members and the questionable leasing of several university-owned properties. These include 10 acres at Kanyariri farm, 40 acres behind ANP hostels in Loresho, 100 acres at Kibwezi Field Station, 20 acres leased to Shamba Cafe Hotel in Loresho Ridge, six acres next to the Dusit Hotel, and prime plots in Spring Valley.

The EACC had earlier asked Prof Hutchinson to provide documents related to these properties, whose acquisitions and leases are now under scrutiny.

Additionally, the University of Nairobi Academic Staff Union (UASU) has written to the EACC calling for a broader audit into the university’s financial management.

Maloba Wekesa, the UASU UoN chapter secretary, cited concerns raised by the Auditor-General over leases involving properties such as Lower Kabete Road LR No. 1870/111/71, Kayahwe Road House LR No. 1/203, Spring Valley LR No. 7468/9, and the Old Council Offices in Hurlingham.

“The Auditor-General queries raised various questions, including leases of University land. No information was provided on how the lessors were identified, and the income stream from the rented-out properties could not be identified in the University’s income,” Wekesa said.

Justice Mugambi has directed the Cabinet Secretary for Education to file his responses to the lawsuit within five days.

The matter will be mentioned virtually before Justice Bahati Mwamuye on May 13 for further directions.