University of Nairobi (UoN) management wants Supreme Court judge Justice William Ouko to arbitrate and help resolve a long-standing governance conflict between the university council and the management. 

The National Assembly Education committee, while inspecting the institution, was shocked to learn the council and the management have had a toxic relationship that has attracted 16 cases in court despite the institution facing financial constraints.

The MPs have also taken issue with the university council and management for failing to follow the rules in staff recruitment and management.

Management decisions

“It is evident that there is a toxic relationship between the management and the council, because if you are not talking to each other, the council makes decisions and the management is supposed to implement for the benefit of the institution,” one of the MPs said.

The MPs visited UoN to resolve conflict between the council and the management caused by governance reforms that have attracted legal redress.

Acting vice chancellor Prof Margaret Jesang described to the MPs the toxic relationship her management is having with the council whereby the latter is implementing resolutions without informing the management.

 “I’m appealing to the committee and the members, especially those who are alumni, I’m just pleading with us that where we have been has not been a good place, uh, where management and council don’t seem to see eye to eye. So, there’s an opportunity for us to have a conducive environment because where we are now is quite toxic,” said Jesang.  “It is possible for us to set a standard of how public institutions can be run if we focus on the format and leave our selfish interests,” she added.

 A case in point, the suspension of one Dr Wekesa Maloba that was signified by the council chairperson without the knowledge of the Vice chancellor contrary to the law, MPs also noted there was failure to adhere to rules and regulations in recruitment particularly in the newly created offices.

 “One of the key requirements of the position was that the candidate must have a master’s degree or a bachelor degree with practical proven verifiable funds, uh, I mean fundraising as skills for institutional development, we the legal officer cannot find the record,” Kipbirwot stated.

Academic qualification

According to Kipbirwot, Maloba academic qualifications were not on record. There was no evidence that he has a master’s degree and from which university, there is no record of where he attended school.

 The varsity’s director of legal affairs was at pains convincing the committee of suitability of one Brian Ouma to hold the position of chief operations officer, but the governance conflict at the leading university in the country has so far attracted 16 cases in court.

 The university, concerned legal fees might cause more damage to the financially constrained institution has now reached to judge Ouko for arbitration. Further the university management wants parliament to assist with clearing outstanding statutory obligations that amount to Sh7.7 billion shillings.

 They also stated that it is becoming difficult to mentor other universities due to the lack of financial capabilities. UON is in debt of Sh119 million from Koitalel Samoei university.

 This came two weeks after the education Cabinet Secretary Julius Ogamba accused Prof. Amukowa Anangwe of blocking a representative of the Ministry of Education from attending the council meetings.

This is despite the Higher Education Principal Secretary holding a permanent seat in all public university councils.

During that time, the CS indicated that it was part of the reason the Ministry of Education on February 22, revoked his appointment as the council chairman of the university.