EACC in a tussle with UON over the appointment of top official
The University of Nairobi and the Ethics and Anticorruption Commission (EACC) are embroiled in a tussle over the qualifications of a top official at UON
The University of Nairobi and the Ethics and Anticorruption Commission (EACC) are embroiled in a tussle over the qualifications of a top official at UON.
The two are at loggerheads over the appointment of a top director who is the university’s acting Chief Operating Officer (COO). The COO was appointed to the post by the University Council four months ago.
EACC claims that the official, a long-serving employee at UON, lacks the necessary academic qualifications for the role. Additionally, EACC has asserted that the COO position the COO holds was not created per applicable law.
In defiance, the university extended the official’s contract by six months and urged EACC to provide all the required evidence to support its claim as they seek clarity over the issue.
In October, the EACC flagged the appointment of the officer and called for the university to revoke his appointment to the senior management position.
The EACC argued that the degree the official claims to have is not recognized in Kenya.
In a letter to the University’s Council, the EACC stated, “The tenure of the official as acting Chief Operations Officer at the University of Nairobi is irregular.”
EACC maintained that the Pontifical Urbaniana University, where the official claims to have studied for his Bachelor’s Degree in Philosophy, is not accredited in Kenya. “The Commission on University Education (CUE) confirmed that, as of 2003, under the provisions of criteria for accreditation Rule 14 of the Universities Rules, PUU was not an accredited institution in Kenya and therefore the certificate awarded by PUU is not recognized in Kenya,” the letter read in part.
Furthermore, the EACC disclosed that the official obtained a C- (minus) grade in his KCSE examinations and, as such was automatically locked out of direct entry into a university to undertake a degree program.
“The officer obtained a mean grade of C- (minus) in KCSE, and thus he did not have the necessary qualifications for direct entry into the University to undertake a degree program in Kenya,” the letter stated.
The investigation body went ahead to claim that the academic requirements needed to hold a senior management position did not match the officer’s qualifications.
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“The position of Deputy Director required one to hold either a Master’s or a Bachelor’s degree, while the position of Director required one to hold a Master’s degree. Since the officer possesses a degree certificate that is not recognized in Kenya, he is not qualified to hold the current substantive position of Director (COO),” EACC claimed.
In addition, the EACC noted that the COO position that the official holds was created unconstitutionally, and thus it is against the law, null, and void. “That the University of Nairobi Council, on July 12, 2021, resolved to reorganize the administrative positions and created 14 positions pending alignment of the University’s statutory instruments. Among the positions created was that of Chief Operations Officer,” as per the letter.
“The COO position is a top management position and the council ought to have varied and aligned its statutory instruments through the Cabinet Secretary (Education). The University Council failed to comply with the provisions of Section 22A of the Universities Act No.42 of 2012 on the variation of the Charter, as they created the new positions and appointed staff in acting capacity without varying the statutory instruments,” the letter stated.
“To date, the Council has yet to vary its statutory instruments in line with the reorganization of administrative positions and incorporate the position of COO. Consequently, it is the considered view of the Commission that any position created in contravention of the Charter and statutes is against the law, null and void,” the letter claimed.
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