A section of the University of Nairobi council, led by its chairperson Prof Amukowa Anangwe, has revealed behind-the-scenes intrigues surrounding the standoff with the Ministry of Education over the appointment of the university's vice chancellor.
However, Ndemo declined the appointment last week, describing the process as “unprocedural” and subsequently withdrew his candidacy, triggering a standoff.
The Ministry of Education, through Principal Secretary Beatrice Inyangala, dismissed the appointment, saying that such decisions, including that of Mulaa, must be made in consultation with the Cabinet Secretary.
Anangwe, however, defended the council's actions, saying that he had made efforts to initiate the legally required consultations with the CS, but his attempts were allegedly frustrated.
Citing the Universities Act, 2012, he insisted that the authority to hire university staff lies with the council, as the appointing agency and that consultation does not mean concurrence.
In his response dated May 2, Education CS Julius Ogamba said that he had not received official communication from the PSC and that Anangwe had not submitted council minutes granting him authority to act on its behalf.
“In the meantime, pending the consultation required by Section 35(1)(C)(a)(v) of the Universities Act, 2012, the proposals in your current letter shall not be given effect,” Ogamba wrote.
Anangwe said a second attempt was made to convene the council’s quarterly meeting in accordance with procedures, with a 14-day notice issued, including the appointments on the agenda.
However, on the eve of the meeting, April 25, the meeting was allegedly sabotaged. According to Anangwe, council members were intimidated, government representatives abruptly withdrew, and two members resigned, leading to a quorum issue that prevented the meeting from proceeding.
Facing this, he invoked authority granted to him under Minute 17 of the 145th council meeting held on August 2 last year allowing him to act on behalf of the council, subject to later ratification.
In a letter dated May 2, Anangwe formally initiated consultation with the CS, which was delivered through a delivery book.
Though the CS replied on the same day, the council chairman received the letter on May 5 at 5.15 pm, he claims.
The CS acknowledged that Ndemo and Mulaa had been proposed for appointment but requested additional documents, including the PSC interview reports and council resolutions authorising Anangwe to act.
“To date, a response from the Cabinet Secretary has yet to be received. There is no doubt that the Chairperson undertook the required consultation under Section 35(1)(a)(v), and the buck stops at the Cabinet Secretary’s door,” Anangwe claimed.
“It is puzzling why Prof Elijah Bitange Ndemo decided to reject the appointment after performing well in the PSC interviews,” Anangwe said, adding that he had engaged with Ndemo throughout the process.
He questioned Ndemo’s sudden change of heart, saying, “What made him change his mind suddenly in the wee hours of the night is up to him to explain to Kenyans.”
Anangwe affirmed that unless formally notified in writing, Ndemo remains the duly appointed VC of the University of Nairobi.
In the meantime, Mulaa, he said, had been appointed acting VC for six months to avoid creating an administrative vacuum.
Ogamba had insisted that Prof Chesang Hutchinston should continue acting as VC and Mulaa to remain DVC (research, innovation and enterprises).
As part of the way forward, Anangwe has proposed several measures, including restraining “outside actors” allegedly meddling in the university’s affairs for selfish interests.
He urged the CS to show leadership and resist pressure from vested interests that disregard the law, procedures and university policies.
He called for the council to be allowed to function without interference, intimidation, or unlawful disruptions, in accordance with the Universities Act and the UoN Charter (2013).
“If the current council must leave before the end of its term in May 2026, it should be done in an orderly manner, with a clear agenda to sustain ongoing reforms and a negotiated exit strategy, including the resolution of several court cases arising from illegal attempts to revoke council appointments,” he concluded.
