A House team has approved a proposed law, which if enacted, would see the Education Cabinet Secretary and Public Service Commission locked out of appointment of chancellors of public universities.
National Assembly Education Committee approved the proposal by Kilifi North MP, Owen Baya, paving the way for university senates to directly engage the President in the appointments.
The committee wants the plenary to approve a suggestion that the recruitment begins six months before the lapse of an incumbent’s tenure.
“Six months before the expiry of the term of a service chancellor of a public university, the chancellor of the university shall notify the (university) senate of the upcoming vacancy,” the proposed law reads.
“The senate of that university shall, in consultation with key stakeholders, identify suitable persons for appointment,” the Tinderet MP Julius Melly-led committee adds.
It is envisaged that the amendments will ensure “reasonable timelines to prevent undue delays in filling vacancies within the office of the chancellor”.
As such, the senate will forward three names of persons identified to the President, who will within 21 days of the notification pick one for appointment as chancellor.
MPs say the proposed law provides for a structured process that allows for a smooth transition in leadership of universities.
“Public universities have found it difficult to attract suitable candidates for the position due to the protracted recruitment process in place,” the House team observed.
They held that the proposal to change the procedure of appointment and removal of the role of the Public Service Commission in the process will streamline the same and will draw appropriate applicants.
“Chancellors of universities don’t undertake day-to-day activities of public service to necessitate the inclusion of the Public Service Commission in the recruitment process,” the committee said.
Baya, who is also the National Assembly deputy majority leader, has in the Universities (Amendment) Bill, 2024, proposed that the senate shall ensure at least one person in the nominees list be of either sex. In the current dispensation, the university senate is required to consult with key stakeholders and identify suitable appointees for the post.
Five names are thereafter proposed to the senate and submitted to the PSC for shortlisting and identification of three suitable candidates.
The PSC then forwards the three names to the CS for onward transmission to the President. Upon receiving the list of three candidates, the President is to pick one and publish the name in the Kenya Gazette.
He argued that the current procedure is long and time-consuming, hence discourages applicants. In the proposed law, the senate of universities would recommend appointees within 90 days after the seat falls vacant.
In February 2023, at least 29 public universities were operating without chancellors, casting doubt on the legality of the degrees conferred by the institutions.
The University Act, 2012, mandates chancellors with conferring
degrees and grant diplomas, certificates and other awards.
In their absence, the chairman of
the university council holds fort for
three months.
