The University of Nairobi Vice Chancellor Professor Stephen Kiama has been sent on leave by the council in unclear circumstances as management and legal wrangles continue to plague Kenya’s premier university.
This is the second time Prof Kiama is going on leave in nine months, following another controversial six-month break he sought last year in August — but which he cut short after just one month— one month amid sharp differences with the University Council with claims that influential politicians were also involved in the intrigues.
In a communication to the university community, the chair of the Council Prof Amukowa Anangwe did not specify the length of the Prof Kiama’s leave. Also, unlike last year when the VC said he had applied for the leave, Prof Anangwe’s statement is silent on the nature of the leave.
A month ago, the High Court ruled that the Council was illegally in office but declined to order its removal, saying it would negatively affect the running of the university. The court observed that Education Cabinet Secretary Ezekiel Machogu acted beyond his powers when the appointed the Council in May 2023.
“The Council of the UoN wishes to communicate to the university community regarding its resolution during its 144th meeting held on Friday, April 19, 2024 (Friday) … that the VC Prof Stephen Kiama Gitahi proceeds on leave effective April 19, 2024,” the statement signed by Prof Anangwe reads.
The Council has appointed Prof Ayub Njoroge, who is the Dean of Faculty of Engineering to act as the VC with immediate effect. It is curious that the sidestepped appointing any of the five deputy vice chancellors who are higher in rank than Prof Njoroge.
“The university fraternity is called upon to support Prof Ayub Njoroge Gitau as he discharges his new responsibility as the acting VC,” Prof Anangwe said.
The developments come just four days after Prof Kiama discontinued the appointment of the chief operating officer, Brian Ouma who has been at the centre of the differences between the Council and the VC.
The VC terminated Mr Ouma’s appointment as acting COO following a court ruling that quashed an advertisement by the Council that sought to substantively establish the position. However, Justice Byram Ongaya of the Employment and Labour Relations Court on April 8, 2024 ruled that the University Council did not have powers to create the position.
The advocates for the petitioner Julius Mutemi wrote to Prof Kiama on April 12, 2024 demanding implementation of the judgment.
“If you slight, ignore, neglect and/or in any way fail to implement the judgement and the decree with immediate effect or in any event withing seven working days, we shall move the court to cite you for contempt. In addition, you will be liable for any further compensation paid to such employees who continue to occupy such illegal positions in whatever capacity,” reads the letter by Bryan Khaemba, Kamau Kamau and Co Advocates.
Mr Ouma has been in acting capacity since 2021 and according to the quashed advert, the position would have been at Job Group 17, the same as a DVC. The case that stopped the recruitment alongside 23 others had been filed by the Universities Academic Staff Union (Uasu).
“The effect of the ruling is that the position christened as chief operations officer shouldn’t exist until and unless the university complies with the applicable legislations. Consequently, the acting appointment is hereby rescinded,” Prof Kiama wrote in the letter to Mr Ouma on April 15, 2024.
He had since been asked to leave the university. His appointment had been renewed on January 10 2024, pending the court case.
On August 28, 2023, Prof Julius Ogeng’o, the Deputy Vice Chancellor in charge of Academic Affairs who was acting as VC when Prof Kiama was on leave wrote to Pontifical Urbaniana University at the Vatican requesting for verification of a Bachelor of Philosophy held by Mr Ouma.
“The above mentioned person (Mr Ouma) earned a Bachelor of Philosophy in 2003 with mark of 88,44/100 Cum Laude Probatus at the Apostles of Jesus Philosophicum Major Seminary in Langata, Nairobi, “Affiliated” to the Faculty of Philosophy of the Pontifical Urbaniana University. Therefore, the copy of the diploma sent is authentic. It has a value of two years of study (four semesters),” reads a letter by the university seen by Sunday Nation .
The Apostles of Jesus Philosophicum Major Seminary in Lang’ata is not in the list of institutions recognised by the Commission for Higher Education, further complicating his appointment.
Prof Kiama’s tenure at the UoN has been coated in drama. He nearly lost his appointment as VC in January 2020 when he clashed with then Education CS George Magoha but fought hard in court to regain it.
When he cut short his six-month leave after staying away for just one, the Council insisted that he was not welcome back, but he stayed put. A special Council meeting to discuss the matter was quickly called on a Saturday but was scuttled following intervention by a senior State official.
When Sunday Nation contacted Prof Anangwe for a comment, he declined to answer our questions. Prof Kiama was unreachable by the time of going to press. However, Sunday Nation understands that senior government officials have summoned the Council for a meeting with the Education ministry tomorrow over the decision.
