Education Cabinet Secretary (CS) Fred Matiang’i has suffered a major loss in his bid to replace the University of Nairobi’s old Council.
This is after Attorney General (AG) Githu Muigai suspended the decision stating that the previous council members who were reportedly replaced by Matiang’i are supposed to be in office pending the determination of a court application.
In his letter, AG Muigai noted that even though Matiang’i had powers to appoint new members of councils through Section 36 of the Universities Act, the due procedure had not been followed.
"The corresponding power regarding the removal of council members must be in accordance with the University of Nairobi Charter (2012), the Letter of Interim Authority and the State Corporations Act," wrote the AG.
He added, "We further advise the Ministry of Education to seek the guidance of State Corporation Advisory Committee in constituting the Council to avoid further legal dispute pursuant to its mandate under section 27 of the State Corporations Act."
Muigai, however, indicated that the CS was not barred from conducting the process afresh as long as it complied with the relevant provisions of the Constitution, State Corporations Act, Letter of Interim Authority and University of Nairobi Charter (2012).
Matiang’i had earlier on written to UON's Professor Peter Mbithi demanding suspension of all meetings and decisions by the old council.
"In the meantime, any purported meetings of the University Council or any processing of decisions that require the approval of the University Council should be suspended until further notice. Any action to the contrary will be deemed a violation of the law with attendant consequences," the CS stated.
UON later sought a legal interpretation of the implication of a court proceeding that it said poses administrative and legal risks to the management and administration of its affairs.
