High Court blocks Anangwe’s removal as UoN Council chairman

The High Court has temporarily reinstated Prof Amukowa Anangwe as the Chairman of University of Nairobi (UoN) Council.

Justice Bahati Mwamuye ordered Anangwe back in office after suspending a gazette notice issued on February 21 by Education Cabinet Secretary Migosi Ogamba.

The judge also issued an order barring Ogamba and the Attorney General from appointing any other person as the chairperson of the UoN Council pending hearing and determination of a petition filed by Anangwe.

” Pending hearing and determination of the petition and the application a conservatory orders is hereby issued restraining the CS, AG and UoN from appointing any other person as the chairperson of the council of the university,” Justice Mwamuye ordered.

The court also issued an order barring the government from implementing the gazette notice no 1957 dated February 21, revoking Anangwe’s appointment pending hearing of the case on April 2.

The judge ordered the CS Ogamba and the AG Dorcas Odour to file responses  by close of business on March 14.

Anangwe, through his lawyer Abdrazak Mohamed, moved to court seeking orders to prevent the implementation of the gazette notice revoking his 3 year term appointment.

He argued that his removal was baseless and contrary to the law.

Abdirazak told the judge that the removal of Anangwe was politically engineered and lacked the legal backing.

“The CS’s act of revoking the appointment of the Chairperson of the UoN (Anangwe)is intended to plunge the university into chaos in that 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,” the lawyer told the judge.

According to the lawyer, the actions of the CS are therefore unlawful, irrational and breach of the rules of natural justice.

“The CS’ acts constitute abuse of power and discretion and an infringement of Anangwe ‘s legitimate expectation to be subjected to due process,” Abdirazak submitted.

He further argued that the CS revoked the Anangwe’s appointment as chairperson of the council but no replacement was made.

Anangwe says that he is being removed at a time when the university is cash strapped and struggling with a debt of over Ksh 20 billion.

” Currently, the university is under dire financial stress and there is a risk of going under. It has huge debt going for billions of shillings that started when the government failed its obligation to universities in terms of capitation,” he said.

The university used to get 80 percent of it budget from the government before it was gradually slashed to less than 50 percent under the new funding model.

“It is not the right time to run away from such a monumental challenge and l believe We were already moting the lands to have the university back to its feet,” Anangwa said.

He added that he moved to court to challenging Ogamba’s decision to axe him unfairly the CS’ action was unlawful as the the University Act does not allow the CS to remove a council member before his term lapses.

The court heard that Anangwe had 14 months to go before his three-year term ends.

The lawyer further said Anangwe was not given reasons for his removal and therefore urged the court to intervene to salvage the university from going under.

“I felt maligned by the purported revocation as if l had failed the good governance test. I have a duty to safeguard my reputation in court,” Anangwe states in his affidavit supporting the suit.