The Universities' Academic Staff Union has rejected the appointment of two top officials at Multimedia University.
Uasu insists the appointment of former Kajiado West MP Moses Sakuda as acting council chairman and Rosebella Maranga as acting vice-chancellor, is illegal and irregular.
The unionists want the state to rescind the appointments.
The union, in protest letters to the Head of Public Service Felix Koskei and Education CS Ezekiel Machogu, cite what they see as illegalities and abuse of procedures on appointments.
“The ongoings at MMU council, therefore, reeks of abuse of office and we, therefore, respectfully remind you to rescind immediately, the unlawful appointment of Sakuda as acting council chairperson and Prof Maranga as acting vice-chancellor,” the Uasu January 19, letter reads.
National organising secretary Onesmus Mutio in the letter seen by the Star, says Prof Maranga was no longer an employee of the university after her tenure as deputy vice-chancellor ended.
He said Prof Maranga was appointed by the Ministry of Education as deputy vice-chancellor in charge of administration for a five-year term renewable once in 2014, and has served both terms.
“Accordingly, upon expiry of her 10-year contract at MMU, her tour of duty ended and hence was expected to report back to her former employer – JKUAT,” Mutio says in the letter.
He adds that; “It is, therefore, a violation of public service regulations and practice to appoint an individual who is not an employee of a state corporation, to be acting chief executive officer.”
The union has brought the protest to the attention of Higher Education PS Beatrice Inyangala, PSC chairman Anthony Muchiri, PSC CEO Simon Rotich, Sakuda, and EACC CEO Twalib Mbarak.
Mutio said with Prof Maranga ending her 10-year contract at MMU, “she was no longer an employee of MMU and can therefore not qualify for an acting VC appointment.”
He adds that the don is an interested party in an ongoing recruitment process, having been interviewed for the position of VC as advertised by the PSC.
“Her appointment as acting VC when the process of recruitment is ongoing compromises the integrity of the appointment process and creates a conflict of interest and unfairness to other candidates.”
The union further argues that the newly named acting VC was under investigation by the council.
Among accusations in the letter by the council obtained by the Star is that she failed to sign a collective bargaining agreement with the workers' union.
The VC is also accused of failing to honour court orders delivered on October 27, 2023, which suspended extra workload and reduced pay for part-time classes.
The council is also investigating allegations the VC ‘unfairly and discriminatively undertook promotion of academic staff members’.
Other issues the union is raising include non-remittance of Sh600 million pension deductions, closing the university hotel, and poor working relationships with staff.
“In light of the ongoing council investigations, it is highly prejudicial to have appointed Prof Maranga as acting VC during the pendency of such investigations.”
For Sakuda, the union says the former MP does not have the qualifications for the position of council chairperson.
The University Act 2012 provides that a chairperson of the university council should at least hold a PhD.
“Accordingly, any business executed by the current MMU council under the chairmanship of Sakuda can be considered null and void,” Mutio said.
“The appointment without a PhD is illegal and undermines the spirit of the University Act and goes against the Ministry of Education circular,” Uasu said.
The union has also protested the delayed appointment of substantive council chairman and council members.
Uasu said the university management had sought that a new team be named immediately after the previous council’s term expired on November 3, 2023.
“To date, however, Multimedia University does not have a complete council. This makes it difficult for the council to transact legal and legitimate business.”
“Without a qualified chairperson, council resolutions can be legally challenged,” Mutio said calling on the head of Public Service to intervene.
He wants Koskei to ensure the “unlawful appointment of Sakuda and Prof Maranga be nullified and for MMU to get a full council with a qualified chair.”
“We hope that these illegalities will be addressed to avoid throwing the university into a web of time-consuming lawsuits,” Uasu said.