UoN reforms face fresh court suit challenge

University of Nairobi council chair Julia Ojiambo, Vice-Chancellor Stephen Kiama (centre) and council member Marie Rarieya (right) during a press conference announcing changes in governance structure, July 9, 2021. PHOTO | DIANA NGILA | NMG

By SAM KIPLAGAT
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Summary

• In a case certified as urgent, Mr Alois Onyango Aero says the new governance structure has no backing in law.

A new case has been filed challenging a move by the University of Nairobi (UoN) to appoint executive deans after abolishing five offices of Deputy vice-chancellors (DVC) in July.

In a case certified as urgent, Mr Alois Onyango Aero says the new governance structure has no backing in law and the appointments were not subjected to competition and merit.

In the changes in July, the UoN abolished schools, colleges, faculties, and institutes, but Mr Onyango says the council has no powers to do so. He adds the changes are against the Constitution, the university Charter and amount to usurpation of the powers of the Commission of University Education and CS Ministry of Education.

Justice Jairus Ngaah set October 6 as the hearing date for directions.

This is the second case to be filed challenging the changes announced in July. The first case was filed by lecturers under University Academic Staff Union.

The lecturers have filed contempt proceedings against the VC Stephen Kiama and eight other senior officials for issuing directives, memos, and performing their roles yet their occupation of the newly created positions has been suspended by the court.

“The above be punished for contempt of court by committal to civil jail for a period of not more than six months or as directed by the court and or fined Sh 500,000, each in accordance with the law,” the application by the Union reads.

Through lawyer Titus Koceyo, Uasu further wants the court to quash all the actions and decisions or steps taken by the university officials in a bid to implement the proposed changes.

Justice Maureen Onyango had issued a temporary order, barring the university from implanting the changes or forwarding the memo to the CS Ministry of Education or Commission of Higher Education for consideration.