Magoha seeks sweeping powers in running of public universities

Prof Magoha yesterday lamented that the Universities Act of 2012 does not give him the powers he needs to oversight the institutions adequately.

The VCs, councils and senates are the ones responsible for key decisions, including employment of staff and approval of budgets. They also spearhead any reforms and changes.

The councils may recommend the appointment of VCs and principals of constituent colleges, approve policies and approves statues.

But Prof Magoha wants the powers to appoint VCs upon a competitive process through a panel he or she has named to ensure transparency and accountability.

The CS proposes that the names of the three top candidates be forwarded to his office for onward appointment. They are currently appointed by the public service commission. Usually, names of the top three candidates are forwarded to varsity councils.

While appearing before the National Assembly’s Committee on University Education and Research in Mombasa, Prof Magoha and Principal Secretary Simon Nabukwesi said they needed to protect the welfare of students.

“Councils have been raising fees, restructuring staff and reorganising departments without consulting him. The University of Nairobi has increased tuition fees and others may follow suit,” said the CS.

Prof Magoha said the proposed Universities Amendment Bill 2021 will allow the CS to take appropriate action to ensure proper governance in these academic institutions.

“A proposal is introduced allowing the CS to revoke appointments, transfer and deploy members of councils, review or vacate their decisions and give approval to a council seeking to meet more than four times a year,” he said.

Should Parliament pass the proposed law, councils will only be able to make decisions in consultation with the CS. VCs’ committee chairman Prof Geoffrey Muluvi opposed the proposals and urged MPs not to give the CS such powers.

He said council members are not employees, but agents of the ministry with an oversight authority and giving the CS authority over them would jeopardise their responsibilities.

“The autonomy and oversight authority of the council vested by the respective charters will be in jeopardy. Also, it renders redundant the ministry’s representatives to the councils, since they are to guide them on the position of the government,” Prof Muluvi said.

The CS wants councils to serve for only three years, while members’ terms should be staggered so that their contracts expire at different times. “Staggered appointments will ensure continuity in activities of the council,” said Prof Magoha.

The Act provides for council members to determine which ones shall vacate office.

Prof Muluvi argued that setting a ceiling without any room for flexibility for the number of meetings that a council can hold flouts the law and hampers their operations.

He also opposed the proposed role of the CS in senior appointments, such as VCs, deputy VCs, principals and deputy principals. Prof Muluvi said such appointments should be done internally.

“It will also ensure the process of hiring the top management and university staff is done in a timely manner, devoid of interference from parties with no standing in the affairs of staff,” he said.

The Bill is undergoing public participation. The committee is expected to write its recommendations and table them before the House.

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