The High Court blocked the removal of Prof Amukowa Anangwe as the chairperson of the University of Nairobi (UoN) council.
Justice Bahati Mwamuye ordered Anangwe back to office after suspending a gazette issued by the CS for Education Migos Ogamba, revoking Prof Anangwe’s appointment.
The judge further issued an order barring CS Education Julius Migos Ogamba and the Attorney General from appointing any other person into the position.
“Pending the inter-partes hearing and determination of the Petitioner's Notice of Motion Application dated 25/02/2025, a conservatory order be and is hereby issued maintaining the obtaining status quo that arose as a result of the Gazette Notice No. 6767 dated 22/05/2023,” the judge said.
Prof Anangwe was appointed the chairperson of the council on May 22, 2023, for three years.
Before the revocation of the appointment, the lecturers union had called for the removal of the council boss while accusing him of mismanaging the university.
Prof Anangwe said the onslaught against the council by the University Academic Staff Union (UASU) was not a spontaneous reaction emanating from genuine concerns of staff but a well-calculated scheme by certain individuals aiming to undermine the council for its firm stand against corruption.
Justice Mwamuye directed Mr Ogamba and Attorney General Dorcas Odour to file their responses by close of business on March 14, 2025.
Prof Anangwe through his lawyer Abdirazak Mohamed termed his removal as baseless and contrary to the law.
"The CS' act of revoking the appointment of the Chairperson of the UoN (Anangwe) is intended to plunge the university into chaos in that the said unlawful act which has interfered with the leadership of the apex governance organ of the University has been made at a time when the process of recruitment of the University's Vice-Chancellor and Deputy Vice Chancellor-Academic Affairs is underway," the lawyer told the judge.
According to the lawyer, the actions of the CS are therefore unlawful, irrational, and breach of the rules of national justice.
"The CS acts constitute an abuse of power and discretion and an infringement of Anangwe's legitimate expectation to be subjected to due process," Abdirazak submitted.
He further argues that the CS revoked Anangwe's appointment as Chairperson of the Council but no replacement was made.
Prof Anangwe said he was being removed at a time when the university was cash-strapped and struggling with a debt of over Sh20 billion.
" Currently the university is under dire financial stress and there is a risk of going under. It has huge debt going for billions of shillings that started when the government failed its obligation to universities in terms of capitation," he said.
He said the University of Nairobi used to get 80 percent of its budget from the government. He pointed out that the funding model gradually slashed the capitation by less than 50 percent. That has this tend
The chairman claims that three factors noted his moving to court to challenge Ogamba's decision to axe him unfairly.
He said they included that the CS's actions were unlawful as the University Act does not allow the CS to remove a council member before his term lapses.
The lawyer further said Prof Anangwe was not given reasons for his removal and therefore urged the court to intervene to salvage the university from going under.
"I felt maligned by the purported revocation as if l had failed the good governance test. And I have a duty to safeguard my reputation in court," Prof Anangwe stated in an affidavit supporting the case.
