University of Nairobi Vice Chancellor Stephen Kiama risks six months in jail for contempt of court.
The labour relations court on Friday ruled that Prof Kiama disobeyed orders requiring him to stop changes he had introduced in the university governance without consultation.
Convicting the VC, Justice Maureen Onyango said Prof Kiama had continued to disobey the orders and deserved punishment.
“As a consequence, I order the VC to appear before this court on January 22, 2022 for sentencing,” ruled the judge.
Justice Onyango said the Universities Academic Staff Union (Uasu) has proved that the orders of the court were blatantly breached with impunity by the VC.
In the case, Uasu has named the university, the council, Education Cabinet Secretary George Magoha, the Public Service Commission (PSC), the Attorney-General and the Commission for University Education (CUE) as the respondents.
Through lawyer Titus Koceyo, Uasu had sought to overturn the proposed governance reforms announced by VC and UoN Council Chair Julia Ojiambo.
Reforms implementation
The union also asked the court to stop the university, the council and the VC from implementing the reforms announced through a memo dated July 14,2021.
Prof Magoha had also opposed to the changes by the VC and the council, terming them illegal.
In a circular to all public universities and constituent colleges, Prof Magoha asked universities to stop any reforms being implemented without his consultation and approval.
“The university sector operates within existing legal framework and are expected to make any changes in accordance with the existing legal established structures,” he said
In his affidavit to the court, University Education Principal Secretary Simon Nabukwesi asked the court to permanently stop UoN from effecting the changes.
Mr Nabukwesi said the university acted against the law to announce changes without consulting the ministry.
“In the discharge of its functions and exercise of its powers under the act, a university shall be guided by national values and principles of governance set out under article 10 of the constitution,” said Mr Nabukwesi in the court papers.
Changes announced
The PS said universities must follow Prof Magoha’s directive in a circular issued on July 14.
According to the PS, the University charter establishes the functions of the university and also established constituent colleges, campus colleges and colleges within the university and cannot be revoked.
“The university statutes established colleges of the university which includes college of agriculture, veterinary services, the college of architecture and engineering among others… that the council shall not make, amend or revoke any statues without reference to the Senate,” said Mr Nabukwesi.
Among the changes announced by Prof Kiama included, reducing the number of university administrative divisions from five to two, abolishing colleges and Schools and redistribute functions and establishment of two broad tracks by merging of faculties and teaching departments, abolishment of centres and boards and redistribute their functions.
Other reforms included merging of central departments into 10 based on functional inclination and affiliation, establishment of new boards and committees and centralization, automation and integration as much as possible academic research core support services and processes and proposed revision and gazettement of the university statutes.
The PS said reorganisation of the faculties and reducing them from 35 to 11, removing positions of principals and deputy principals was against the university charter and statutes.
“The first respondent ought to have adhered to section 20(3), 21(, 22(4) and 22A (5) of the Act and section 28(1) (2) of the Charter,” said the PS. BY DAILY NATION