Education CS Fred Matiang'i [PHOTO/the-star.co.ke]
Attorney General Githu Muigai has faulted Education CS Fred Matiang'i in the tussle over formation of the new University of Nairobi Council.
A recent advisory opinion by Attorney General Githu Muigai overruled the process earlier instituted by Education Cabinet Secretary Fred Matiang’i that aimed to replace the old team, calling for status quo until all pending court cases are heard and concluded.
The AG said that the previous council members supposedly replaced by Matiang’i “are deemed to be in office” until hearing and determination of a court application.
This comes as a major blow to Matiang’i who recently formed 22 university councils after expiry of their term.
In his letter dated June 28, Muigai says that though Matiang’i has powers to appoint members of councils as provided for in Section 36 of the Universities Act, the whole thing must follow due procedure.
“The corresponding power regarding the removal of council members must be in accordance with the University of Nairobi Charter (2012), the Letter of Interim Authority and the State Corporations Act,” said Githu.
“We further advise the Ministry of Education to seek the guidance of State Corporation Advisory Committee in constituting the Council to avoid further legal dispute pursuant to its mandate under section 27 of the State Corporations Act,” Githu said.