The High Court has issued orders staying the decision by the Cabinet Secretary, Ministry of Education revoking the appointment of Prof. Amukowa Anangwe as the Council Chairperson for the University of Nairobi.
Justice Bahati Mwamuye also issued a conservatory order restraining the CS and the University of Nairobi from appointing any other person as the chairperson of the council.
“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 restraining the respondents and the interested party from appointing any other person as the Chairperson of the Council of the Interested Party (UON),” Justice Mwamuye ruled.
The judge issued an order maintaining the obtaining status quo that arose as a result of the Gazette Notice No. 6767 dated 22/05/2023 by din of which Prof. Anangwe was appointed as the Chairperson of the University for a period of three (3) years with effect from 23/05/2023.
In addition, a conservatory order was issued restraining the CS and UON from preventing the petitioner from accessing the physical office of the Chairperson of the Council or any other related premises necessary for the discharge of the functions of that office, or in any way preventing or interfering with his discharge of the powers and functions of that office.
Prof. Anangwe moved to court to challenge his removal from office terming the move as unlawful, irrational and abuse of power.
“The 1st respondent’s actions are unlawful, irrational, are in breach of the rules of natural justice, constitute abuse of power and discretion and infringe the applicant’s legitimate expectation to be subjected to due process,” the professor said in his affidavit.
Through lawyer Abdirazak Mohamed, the professor told the court that by a Gazette Notice No. 6767 dated 22nd May 2023, he was duly appointed the Chairperson of the Council of the University for a period of three (3) years with effect from 23rd May 2023.
However, on 22nd February 2025, he saw a Gazette Notice No. 1957 dated 21st February 2025, circulated both on social and mass media by the CS, Ministry of Education, purporting to revoke his appointment.
According to court documents, the act of revoking the said appointment is intended to plunge UON into chaos.
This is because 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.
“Unless the orders sought are granted, the applicant is likely to be substantively ousted and any redress sought thereafter shall be overtaken by events thereby defeating the entire object of this application and rendering the same a mere academic exercise and further subjecting the applicant to substantial loss,” the lawyer submitted.
Justice Mwamuye directed the parties to file and serve their responses by close of business 14th March 2025 and rejoinder, if need be, to be filed and served by close of business 28th March 2025.
The case will be mentioned on 2nd April 2025 to confirm compliance and to take an expedited hearing date for the application and/or the petition.
