Operations at a number of public universities have been hampered by lack of proper legal structures which have stalled capital investments, financial transactions, promotions and disciplinary matters.
Wrangles, and in some cases lawsuits, have hindered the appointment of university councils by the cabinet secretary for Education, George Magoha. The councils are charged with the responsibility of the overall management of universities, according to the Universities Act (2012).
In the absence of the councils, the affected universities also cannot change statutes or undertake major capital projects which must be approved by the councils working committee. The Education CS also only deals with councils, not the management team.
Some of the crucial sub-committees which run the universities include human resource, finance and general purposes, audit, government and risk committee, building, planning and development, university farm committee, grievances handling and appeals committee, honorary degree, appointment, academic and research committee.
The councils are also mandated with the responsibility of setting the dates for resumption of learning in the universities, but with their absence, the role has been left to the management of the institutions. Subsequently, without the councils in place, some of the public universities have been conducting their daily financial transactions with the blessings of the management teams alone.
Some of the public universities have gone ahead and held virtual graduations without the involvement of the council members. The councils are mandated to approve the budgets of such graduation ceremonies since it involves spending of public funds, as well as major projects undertakings and approval of procurements.
At the same time, some disciplinary matters have been put on hold as the councils are supposed to hear such matters involving staff in the rank of professors and above, including vice-chancellors, deputy vice-chancellors and registrars, among other senior cadres. The employment and sacking of top management staff and their promotion cannot be sanctioned without the blessings of the councils also. Some of the senior academic staff promotions have been pending for nearly one year and this has affected the morale of the teaching staff as the government drags its feet to appoint the council members.
"No promotion of senior academic staff has been authorised at Egerton University for nearly a year now, yet some of them are due for retirement in the next couple of months," said a don at the Njoro-based campus.
University Academic Staff Union (Uasu) secretary general, Constantine Wasonga said majority of the management staff in public universities are in acting capacities, a factor that has slowed down the speedy delivery of service."When such top management is put on acting capacities for a long time, they cannot make any concrete decisions concerning the smooth running of the universities and supervision of key projects," said Dr Wasonga.
At the University of Kabianga, the term of office of the council expired in March this year and according to Uasu chapter secretary, Cyprian Ombati, this has slowed down crucial management activities involving its members.
"When there is no council in place, the conducive working environment is disrupted and at Kabianga we had concluded our local Collective Bargaining Agreement (CBA) and there are some issues that are supposed to be implemented by the management after the council ratifies them such as commuter allowance and promotions," said Ombati who is also the national Trustee of Uasu.
Egerton University is planning to send home some 400 employees before the end of the year to reduce the institution's wage bill that currently stands at over Sh200 million per month but the retrenchment programme has been put on hold as the university has had no council for the past seven months after the expiry of term of the council led by Dr Luka Hukka Wario in March this year. "This is a major undertaking at the university and it involves approving the list of retirees and it is only the council that can approve it after the management has selected the workers to be sent home," said a senior management official who could not be quoted as he is not authorised to speak on behalf of the university.
The council is also supposed to lay the ground for the recruitment of a new vice-chancellor after the current VC, Prof Rose Awuor Mwonya, attained the mandatory retirement age of 70 years. However, the VC is still in office because her five-year contract ends in January 2021. Universities councils are vested with the responsibility of hiring the VC, through the Public Service Commission. The process ought to have been started six months before the expiry of her contract.
At the same time, there is no council at the university to discuss an audit report by the Inspector-General (Corporations), Theodora Gichana, which calls for disciplinary action against those involved in fraud at the institution. The Director of Criminal Investigations, George Kinoti, whose office is investigating the theft of public funds concerning remittances of withheld tax to Kenya Revenue Authority, has demanded for the report. The Physical Science Complex at the university has stalled. Uasu has raised alarm over lack of council members in the public universities and non-remittances of statutory deductions by various public universities. According to the union, the delay is tantamount to allowing "gross mismanagement" in public institutions.
"We are appealing to the government to appoint councils in all public universities without further delay instead of abdicating its responsibilities. How can a public institution run without a council? This is one of the major reason why we have rampant mismanagement of our public universities because the current management teams have nobody to report to or supervise their daily activities,” Dr Wasonga said.
Early this year Prof Magoha, while appearing before the National Assembly Education Committee said he had communicated to the Government Printer to gazette the vacant positions in the universities councils.
Apart from the expired university councils, concerns have been raised over universities which have been run by VCs in acting capacity for a long time. Masinde Muliro University of Sceince and Technology, Taita Taveta University, and Maasai Mara Univerity have all had their top management in acting capacity due to wrangles and court cases.
