By Roy Hezron
Education Cabinet Secretary Prof. George Magoha has provisionally suspended any changes in governance and administrative structures of all public Universities and Constituent Colleges pending approval by his Ministry.
He warned the university bosses of making their own decision without consultation.
In a circular signed by the CS dated July 14, 2021, Prof. Magoha maintained that any proposed reviews that touch on abolition or establishment of positions not echoed in the Universities Act, 2012, should follow the laid down laws governing such changes and be forwarded to his Ministry through Commission for University Education (CUE) for approval.
The circular was addressed to all Chairpersons of University and Constituent Colleges Councils, Vice-Chancellors and Principals of Constituent Colleges.
“Proposed reviews that necessitate abolishing or establishment of positions in the governance and administrative structures of a public university or constituent college especially those not envisaged in the Universities Act, 2012 must comply with the necessary legal framework governing such changes,” reads the circular in part.
The circular further reads that the changes should “be forwarded to the Ministry through the Commission for University Education before their relevant human resource instruments can be approved by the Ministry in collaboration with State Advisory Committee.”
The circular was released days after the University of Nairobi announced its institutional reforms with a view to position it on the path towards relevance in the 21st century.
The University through its Council Chairperson Prof. Julia Ojiambo on July 9, 2021 abolished 5 Offices of the Deputy Vice Chancellors and replaced them with 2 Associate Vice Chancellors. It also abolished all colleges and reorganized all functions around faculties reducing them to 11. All positions of Principals and Deputy Principals were abolished and their roles reorganized under new positions of Executive and Associate Deans.
The move might create a showdown between the CS and the UoN top management considering that Prof. Magoha in his communication to all universities and constituent colleges directed that any action on proposed changes be kept in abeyance, pending relevant approvals and gazettment of the relevant instruments.
The directive therefore implies that all the new positions announced and created by the UoN Council are invalid.
In the circular copied to Head of the Public Service Dr. Joseph Kinyua, Attorney General Kihara Kariuki, National Treasury and Planning CS Amb. Ukur Yattani, University PS Amb. Simon Nabukwesi, State Corporation Secretary Ms. Wanjiku Wakogi and CUE Chief Executive Officer Prof. Mwenda Ntarangwi, the CS stated that his communication supersedes any other communication on the subject matter.
According to Prof. Magoha, the proposed changes in the governance and administrative structure of a public university or constituent college must be accompanied by the rationale for instituting the proposed changes, and proposed Human Resource (HR) instruments.
It is not clear whether the UoN Council followed the entire laid down legal framework including the State Corporation Act before announcing the new changes.
In one of the interviews with the local media, UoN Vice-chancellor Prof. Stephen Kiama maintained that the reforms at the university do not require the approval of the CS, adding that the positions of Associate Vice-Chancellor recently created are just mere designations that do not alter the structure of the University Charter and Statute hence do not require any gazettment.
Speaking in Gem in Siaya County during the handover ceremony of Moi University’s Odera Akang’o College campus at Yala to Maseno University, Prof. Magoha stated that vice-chancellors must know that public universities belong to the government of Kenya.
“You have no powers as chairs of councils or even the VCs, so you must consult and this is in the interest of our children. We are asking universities to transform now. It cannot be your way… the university does not belong to you,” said Prof. Magoha.
He advised universities to ensure the human resource workforce is at 70 per cent academic staff and 30 per cent non-academic staff to avoid wastage.
