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The University of Nairobi (UoN) Vice-Chancellor Prof Stephen Kiama continues to discharge his mandate undeterred, after a weekend of leadership unease at the institution.

In his latest communication dated April 22 to members of staff, Kiama said the institution would comply with a court ruling that revoked 24 positions previously advertised.

Kiama said the court quashed the advertisement on the basis that the positions had not been established.

Saying a legal advisory states that the positions are irregular, Kiama directed that there would be no appointment of any form until or unless they are regularised under Public Service Commission (PSC) Act 2017 as guided by the judgment.

“Council is seized of this matter and in the process of developing appropriate human resource instruments that will provide for the positions required in the university and forward the same to PSC for consideration and approval,” Kiama said in the letter.

Under Section 2 of the PSC Act, Kiama said ‘appointment’ includes acting appointment, re-appointment, promotion and re-designation.

A letter to Kiama from Bryan Khaemba, Kamau Kamau and Company Advocates states that in the judgment issued on April 8, the court noted that by Council meetings of July 12 and August 20, 2021 the divisions of Human Resource and Administration, Finance, Planning and Development and Student Affairs and respective Deputy Vice Chancellors positions were revoked, including their respective Statutes and instead professionalised under Chief Officer.

Advocates also stated that the acting appointments were made to the position of Chief Operations Officer.

“Upon making the said observation, the court directed that creation of an office to abolish one expressly provided for in the Charter would therefore require amendment of the Charter,” the advocates state.

“In essence, abolishment of the three Deputy Vice Chancellor’s position and creation of the office of the Chief Operations Officer would require full compliance with the provisions of section 22A of the Universities Act,” they added.

 As regards positions in the advertisement, the court said UoN is required to create specific statutes as per the provisions of the Statutory Instruments Act outlining their terms, procedures or conditions relating to advertisement, recruitment, appointment, acting appointment, promotion, disciplinary control and others which meet the minimum provisions of the Public Service Commission Act.

On its part, the Council also said it has accepted court orders and will comply.

Kiama’s communication comes after the Council indicated that he proceeds on leave effective April 19 and appointed Prof Ayub Njoroge Gitau, Dean Faculty of Engineering as the acting Vice Chancellor.

Kiama, however, dismissed the communication.

“This matter has elicited a lot of publicity and has the potential to lead to apprehension to both members of staff and students. I call upon all members of staff and students to ignore he communication,” Kiama said in response to the Council’s communication.

He added: “In the meantime, I call on all of us to recommit to the task ahead of driving the university to a globally competitive transforming society.”