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Some 29 public universities are staring at a crisis due to lack of substantive chancellors and vice-chancellors to oversee their operations.

Due to this, critical responsibilities of the affected universities have in the last four years been performed by chairpersons of their respective University Councils despite Section 38(5) of the Universities Act providing that they should serve in an acting capacity for a period not exceeding three months.

Among the universities currently operating without substantive chancellors are Moi, Kibabii, Kabianga, Rongo, Tom Mboya, Karatina, Jaramogi University of Science and Technology, Tharaka, Technical University of Mombasa, Dedan Kimathi University of Technology, Maseno, Taita Taveta, Kaimosi Friends University and Chuka. Others are Cooperative University of Kenya, Kirinyaga, Laikipia, South Eastern Kenya, Garissa, Technical University of Kenya, Murang’a University of Technology, Kisii, Maasai Mara, Multimedia, Masinde Muliro, University of Embu, Alupe University, University of Eldoret and Meru University of Science and Technology. “The functions of the Chancellor may in the absence or incapacity of the Chancellor be performed by the chairperson of the Council for a period not exceeding three months,” says the University Act, which means that the listed public universities have been in breach of the law.

Several others have also been operating without Vice Chancellors. The situation has been made more critical because ten serving VCs are set to retire by December.

 Yesterday, Deputy Majority Leader and Kilifi North MP Owen Baya raised the alarm over the crisis facing the institutions of higher learning which have been operating without substantive holders of senior leadership positions.

Baya sought a statement from the Education Committee, which is chaired by Tinderet MP Julius Melly, explaining what measures the government had put in place to speed up appointment of chancellors and vice chancellors within the shortest time possible to ensure that degrees being conferred are not challenged in the courts of the law. Baya regretted that the current crisis is as a result of failure on the part of previous administration to appoint chancellors, hence affecting the proper functioning and growth of the institutions. “Pursuant to the provisions of Standing Order 44(2) (C) I rise to request for a statement from the chairperson of the departmental committee on education regarding the appointment of university chancellors as provided for in the Universities Act, 2012,” said Baya.

Titular head

Section 38(1) of the Universities Act states that every university should have a chancellor whose functions include being the titular head of the university, conferring degrees and granting Diplomas, certificate and other awards in the name of the university.  “Could the chairperson provide a timeline when the chancellors of the said universities, particularly Pwani University, will be appointed as set out in the second schedule the Universities Act 2012,” he said.

Baya stated that Pwani University, for instance, has been operating without a chancellor for the four years, since 2018.

During that period, the university held four graduation ceremonies presided over by the chair of the council, which is against the statute that limits the exercising of such power by the chair for a period of three months.

In the case of the university of Eldoret, the second term of the chancellor expires on July 14, the same month as the second term of Meru University Chancellor.

Vice-Chancellors are the academic and administrative heads of every university. They take overall responsibility for the direction, organisation, administration and programmes of the university and have such other responsibilities and duties as may be provided for in the Charter.

The absence of the Chancellors and VCs, therefore, has far-reaching negative effect on the fortunes of a university.

Revelations that the large number of public universities comes at a time when the institutions are staring at accumulated debts which stood at more Sh56.1 billion as of June 2022.

According to the Universities Fund (UF), most public universities are on the verge of collapsing due to indebtedness and inability to pay statutory deductions, such as Pay as You Earn taxes, Sacco and bank loan repayments and remittances to NHIF and NSSF for health insurance and retirement benefits respectively.

Alternative sources

The Ministry of Education has in the last one week challenged cash-strapped public universities to find alternative sources of funding, including raising tuition fees.

According to data from the UF, the accumulated debt also includes payments for part-time lecturers and contractors among others. Universities owe contractors Sh1.4 billion, part-time lecturers Sh4.5 billion, suppliers Sh4.8 billion, and Saccos Sh4.1 billion. Under the differentiated unit cost (DUC) funding method, the government is expected to fund 80 percent of university education costs while the remaining 20 percent is to be generated internally by universities.

UF Chief Executive Geoffrey Monari explained that the agency considers a number of parameters — including staff costs, student/staff ratio, student numbers, cost of infrastructure and operations, student load type as well as levels of the programmes while allocating budgets to various universities.

Monari said that some of the proposed funding framework components include capital grants allocation criteria and performance-based funding.

He said discussions to correct universities’ situation have been ongoing but the challenge has been in implementing proposals made to remedy the situation.

“We have been discussing quite a bit but the reforms required to be implemented, for example, changing the funding model and reviewing fees are on the table. However, implementation is where the challenge has been. We need to move from discussions towards implementation because the universities are going deeper into debt every day,” Monari had said in an earlier interview.