• The Universities (Amendment) Bill, 2021, denies university councils express powers to make decisions on the running of universities.
• The CS will constitute a selection panel to conduct the recruitment of VCs, DVCs, principals and deputy principals.
A shakeup is looming in public universities following radical changes proposed by the government in efforts to streamline their management.
A bill sponsored by Majority leader Amos Kimunya (Kipipiri MP) seeks to give the Education Cabinet Secretary sweeping powers in the running of the institutions of higher learning.
The Universities (Amendment) Bill, 2021, takes away university councils' express powers to make decisions on the running of the institutions.
If enacted, university councils will no longer appoint vice chancellors, deputy vice chancellors, principals and deputy principals of constituent colleges.
Presently, the top governing body appoints the officers in consultation with the CS, after a competitive process conducted by the Public Service Commission.
In the proposed law, the CS will constitute a selection panel to conduct the recruitment of VCs, DVCs, principals and deputy principals.
The panel will be required to identify three qualified applicants for each vacant position and forward the names to the CS.
“The Cabinet Secretary shall, within 14 days of receipt of the names forwarded, appoint a candidate from any of the three qualified applicants. The selection panel shall stand dissolved after the appointment of a candidate,” the proposal reads.
Vice chancellors of public universities will also hold office for a term of five years and will only be eligible for a further term of five years upon satisfactory performance.
The same procedure will apply to the appointment of deputy vice chancellors, principals and deputy principals.
In the new dispensation, a university will not be allowed to appoint more than three deputy vice chancellors.
“The vice chancellor of a public university shall be supported in the execution of his or her duties by not more than three deputy vice chancellors.”
A court recently stopped the University of Nairobi from implementing radical management reforms among the proposal to restructure its five DVC posts to create two posts of associate vice chancellors.
“Where there are more than three, such deputy vice chancellors shall remain in office until the expiry of their terms of office after which appointments shall be made under this provision,” the bill reads.
Universities will be required to amend their statutes to comply with the new law within six months of the commencement of the law.
The proposed law further gives the Education CS powers to revoke any appointment, transfer and deployment of chairperson or member of the council.
“Councils enjoy and exercise delegated authority from the Cabinet Secretary who reserves the right to review or vacate a council decision,” the bill reads.
University councils will also have to obtain written approval from the CS to meet more than four times a year.
The CS will also be the one to gazette laws governing universities, which are presently published in the Kenya Gazette by the council.
The government has also sought to streamline the management of university funds in the wake of concerns by IMF bordering on their dismal performance.
In this regard, the state seeks to do away with the management of university funds being under a board of trustees.
The bill thus proposes a universities fund board to manage the kitty from where funding is dawn.
The board will formulate the policies of the fund and provide overall directions on effective coordination of operations of the same.
It will also receive donations or endowments on behalf of the fund as well as borrow monies for running universities with the approval of the Education CS and concurrence of the National Treasury.
“The fund may secure such loans in such manner as they deem fit and invest any surplus funds not currently required for the purpose of the fund in any investment of trust funds.”
The fund will be run on a daily basis by a chief executive officer who shall be competitively appointed by the board.
The board, in consultation with the CS, will be required to develop transparent and fair criteria for the allocation of funds to public universities.
It will also develop the criteria for issuing conditional grants to private universities and apportion funds allocated by the national government to public universities.
The board will also propose and establish the differentiated unit cost for the programmes offered by each subject area. This would be in consultation with the chairpersons of councils of public and private universities.
The bill also provides that the board will set the minimum remuneration for academic staff of public universities on the advice of the Salaries and Remuneration Commission.
It will also mobilise and receive funds for purposes of the kitty from the national government, donors, and any other source.
The government is also seeking to stagger the appointment of the members of the university council “to ensure that their terms of office expire at different times”.
Presently, members of the council determined by lot—at their first meeting—which two of their members will vacate office after three and four years respectively.
On placements, each participating university will submit a list of the government and self-sponsored students enrolled in the university to the placement board.
This will have to be done within 30 days from the date of closure of the enrolment of students.
“The Placement Board shall submit the information to the Universities Fund Board within 14 days of receipt thereof.”
-Edited by SKanyara