Machogu reinstates Meru University VC, says sacking was unlawful, ill-timed

Varsities

By Roy Hezron

Education Cabinet Secretary, Ezekiel Machogu, has ordered the immediate reinstatement of embattled Meru University of Science and Technology (MUST) Vice Chancellor, Prof. Romanus Odhiambo by close of business today March 7, 2023.

In a statement issued today regarding the indefinite closure of the University last Monday March 6, 2023; Machogu stated that the purported decision by the University Council to send Prof. Odhiambo on terminal leave and to appoint an acting VC is ill-timed and unlawful.

According to Machogu, the decision was ill-timed because it was made a few days to the scheduled graduation ceremony of the university this coming Saturday on March 11, 2023; adding that the obvious consequences of the decision is that it would undermine the preparations for the imminent event and destroy the hopes of graduands to transit into the world of work immediately.

“The Ministry of Education therefore directs the University Council to rescind its decision to send Prof. Odhiambo on terminal leave and to appoint an acting Vice-Chancellor,” said Machogu adding: “The University Council is directed to facilitate Prof. Odhiambo’s resumption of office as Vice-Chancellor with immediate effect and in any case, not later than close of business on March 7, 2023.”

Machogu stated further that the decision to send the VC on terminal leave and to appoint an acting VC is unlawful because it was made without consulting the cabinet Secretary in the Ministry of Education as required by law.

Specifically, Machogu stated that Section 35(1) of the Universities Act, 2012 which unequivocally lays responsibility on the Council of a public university to appoint a VC in consultation with the CS. Regrettably, the Council fell short of its legal duty of fidelity to the applicable law.

“The University Management is directed to facilitate the reopening of the University for the return of students and the resumption of normal operations not later than Wednesday march 8, 2023,” directed Machogu.

He added: “The University’s 10th graduation ceremony that was planned to take place on March 11, 2023 will proceed as scheduled. The Cabinet Secretary, Ministry of Education will attend the ceremony.”

Machogu noted that the term of the current University Council shall expire on March 9, 2023 and that the MOE is taking necessary steps to constitute a successor Council in accordance with the law.

“The Council so appointed, shall, in line with its legal mandate, address the matter of the position of Vice-Chancellor,” he said.

Prof. Odhiambo was appointed to the position in July 2018 and he had earlier this year 2023 applied for a renewal of his contract, but the university council declined, citing poor performance by the VC.

 

 

 

 

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