A cloud of uncertainty has descended upon the University of Nairobi (UoN) following a stern pronouncement from the Ministry of Education, rejecting recent appointments announced by the institution's Council Chairperson.

In a press statement issued on Friday, Education PS Dr Beatrice Muganda Inyangala declared that the alleged appointments of Professor Francis Jackim Mulaa as the substantive Deputy Vice-Chancellor (Academic Affairs) and acting Vice-Chancellor are not recognised by the Ministry.

The Ministry's forceful rebuttal stems from what it describes as a clear breach of established legal protocols.

Dr Inyangala's statement explicitly references Section 35(1)(a)(v) of the Universities Act, 2012, which mandates that the appointment of Vice-Chancellors and Deputy Vice-Chancellors in public universities necessitates "consultation with the Cabinet Secretary, after a competitive process conducted by the Public Service Commission."

According to the Ministry, this crucial consultative step was entirely bypassed.

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"For the avoidance of doubt, the Ministry of Education confirms that there were no consultations between the University of Nairobi Council and the Cabinet Secretary, Ministry of Education on any of the purported appointments by the Chairperson of Council," the ministry stated unequivocally.

Furthermore, the Principal Secretary, who sits on the University of Nairobi Council, asserted that no meeting was convened to deliberate on these appointments before the issuance of the letters in question.

"We can therefore firmly confirm that no Council meeting was ever convened to discuss and make decisions on appointments at the University of Nairobi, prior to the issuance of the purported letters of appointment by the Chairperson of the University of Nairobi Council," the statement read.

The Ministry views the actions of the Council Chairperson as a significant overreach of authority.

"Consequently, the purported appointments as done by the Chairperson of the University of Nairobi Council are a clear usurpation of the role of the Council, contrary to the provisions of the Universities Act, 2012," Inyangala affirmed.

She further emphasised the statutory non-compliance, stating that the appointments are "contra-statute for not adhering to the mandatory procedure for appointment as outlined in Section 35(1)(a)(v) of the Universities Act, 2012."

The Ministry has made it clear that these alleged legal transgressions will not be ignored.

"These egregious violations of the law shall not be condoned and will form the basis for appropriate action in due course," the press statement warned.

To provide clarity and maintain stability within the university's leadership, the Ministry has officially listed the individuals currently holding the Vice-Chancellor and Deputy Vice-Chancellor positions in an acting capacity.

These are: Professor Jesang Hutchinson (Vice-Chancellor), Professor Ayub Gitau (Deputy Vice-Chancellor - Academic Affairs), Professor Francis Mulaa (Deputy Vice-Chancellor - Research, Innovation and Enterprise), Professor John Demesi Mande (Deputy Vice-Chancellor - Human Resource and Administration), and Professor Jackson Maalu (Deputy Vice-Chancellor - Finance, Planning and Development). It is noteworthy that Professor Francis Mulaa is listed here in a different capacity than the one he was purportedly appointed to by the Council Chairperson.

Looking ahead, the Ministry has pledged to collaborate with relevant bodies to ensure adherence to the rule of law and principles of good governance within higher education institutions. Dr. Inyangala stressed the critical role these institutions play in national development, stating, "The leadership and management of these institutions should be exemplary, particularly because they play the sacrosanct role of preparing the human capital for the present and future development of our country."

This unfolding situation at the University of Nairobi is likely to generate considerable discussion within the academic community and beyond, as stakeholders await the Ministry's next course of action.