UON seeks arbitrator to resolve 16 court cases
University of Nairobi (UoN) Ag Vice Chancellor Prof Margaret Jesang’ Hutchinson makes her presentation during a meeting on April 1, 2025 between Members of the National Assembly Departmental Committee on Education and University of Nairobi (UoN) senior management officials on matters concerning the affairs of the institution.
The University of Nairobi is seeking the services of an arbitrator to help resolve 16 suits and counter-suits in the ongoing conflicts involving the university council, the management, staff unions as well as other stakeholders.
The details emerged on Tuesday when Acting Vice-Chancellor Margaret Jesang Hutchinson made a presentation to the National Assembly Committee on Education which was on an inspection tour of the university.
She described to the MPs the toxic relationship her management team has with the council of the university, which has attracted 16 cases in court despite the institution facing financial constraints.
“What we want, Mr chair, is an arbitrator — someone neutral and not decisive — to step in and mediate. The lawyers keep dragging this case on endlessly, delaying justice. We need a resolution, not more back-and-forth. We need a rescue plan or else the university is going to sink,” she said.
Prof Hutchinson revealed that UoN has a series of legal disputes involving financial claims, labour issues, and governance challenges. The legal disputes continue to affect the management and recruitment processes at the university.
The cases are on governance reforms, staff appointments, and leadership changes within the institution. Key cases include challenges to the restructuring of senior management positions, the disbanding of the university council, and disputes related to wrongful termination or revocation of appointments. Other cases involve actions by unions and individuals seeking to halt or reverse certain decisions, citing issues such as lack of stakeholder involvement or violation of due process in staff recruitment and policy adoption.
Among the most significant is the controversy surrounding the appointment of vice-chancellors and the adoption of governance reforms without sufficient consultation. Other cases focus on the university’s handling of academic qualifications and payment disputes with staff associations.
The MPS took issue with the university council and management for failing to follow the rules in recruitment and management of staff.
'Failure of management'
"This university has no proper records to indicate who is performing well and who is not. We are paying salaries for individuals who have not been properly vetted or selected. It is a failure of management to encourage accountability, and ultimately, it is the taxpayers who are suffering,” said the chair of the committee, Julius Melly.
The administration of the university emphasised the need for increased capitation, arguing that the current allocation is insufficient to cover critical expenses, including staff salaries, infrastructure maintenance, and research funding.
“The government funding model has left the university with an unsustainable deficit, making it difficult to meet our core mandate of quality education and research,” she said.
The VC stated that the university’s monthly payroll stands at approximately Sh800 million called for strategic financial management to ensure sustainability.
“We aim to secure funding from the ministry, religious organisations, and the government. The remaining balance is managed strategically to meet our priorities,” she said.
Pension contributions have also been a contentious issue, with deductions significantly reducing the net amount available to employees.
“We submit 10 percent to the pension fund. However, deductions to banks and other commitments significantly impact the net amount available to employees,” the VC explained.
Additionally, concerns were raised regarding governance and the role of VC in council decisions. She clarified her position as an ex-officio member, stating that the issue has been raised with the Public Service Commission but remains unresolved.
“The position of the VC as a council member was established before I took office. While I serve as an ex-officio member, we have raised this issue with the ministry and the Public Service Commission, but it remains unresolved,” she said.