RULED OUT

Win for varsity tutors as court revokes PhD requirement

Ruling says university regulator didn't follow law in rolling out guidelines

In Summary

• Commission for University Education in 2014 gave universities five years to implement the rule demanding PhD lecturers. 

• Report shows that there are 6,122 PhD holders in universities. 

Uasu officials address a press conference in Nairobi on July 4.
PHD NOT A MUST: Uasu officials address a press conference in Nairobi on July 4.
Image: MAGDALINE SAYA

Universities can now hire lecturers without PhDs after a labour court on Wednesday revoked the requirement by the regulator.

The Commission for University Education had in 2014 given universities five years to implement the rule that lecturers must be PhD holders. 

The expiry of the period caused panic in the institutions that largely rely on tutors yet to acquire the top-rank qualification. 

The Universities Academic Staff Union in August 2017 petitioned the Employment and Labour Relations Court seeking CUE be compelled to drop the new guideline 'as the matter had not involved all stakeholders'.

The judgment delivered by Judge Stephen Radido on December 6 ruled that CUE failed to follow the law in developing and rolling out the guidelines. 

"A declaration is hereby issued that the harmonised criteria and guidelines for appointment and promotion of academic staff in universities in Kenya dated October 27, 2014, are invalid," the ruling reads.

On Wednesday, Uasu secretary-general Constantine Wasonga termed the ruling as a big win for the teaching staff.

"Justice has been served. We all have to operate within the law. Let the government follow the law when coming up with regulations. Uasu is a key stakeholder in the sector and should be involved in any decision that touches on lecturers' welfare," Wasonga said. 

He has called on the government to open talks that will guide the development of the new guidelines. 

CUE in April suspended the requirements due to the small pool of professors. More than half the country’s 10,350 lecturers do not have PhDs.

Only one per cent of the total population of learners are enrolled for doctoral degrees, making it difficult to implement the fresh guidelines.

CUE data further shows that there are only 710 professors in public and private universities. 

Of these, 557 teach in public universities and 153 in private institutions.

According to the Universities Statistics Report, there are 979 associate professors and 2,218 senior lecturers in both public and private universities.

CUE's report reviewed the status of education in 2016-17. 

It further revealed that there are 6,122 PhD holders in universities. 

The universities have also hired 6,268 lecturers, 2,986 assistant lecturers and 4,844 graduate assistants, bringing the total number of academic staff in the country to 18,005. 

There were more academic staff in public universities (13,258) than in private institutions (4,747), according to the report. 

Edited by R.Wamochie 

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