BY SAM ALFAN.
A University of Nairobi don has moved to court to challenge the promotion of three professors among them former Attorney General Githu Muigai claiming they never met met the criteria to be awarded the prestigious title.
In a case certified as urgent by the Employment and Labour court, Prof Joseph Migai Akech says Prof Muigai, Bernard Sihanya and Albert Muma were made full professor and promoted despite not meeting the criteria.
The don says the rationale for having objective criteria for the appointment and promotion of members of the University’s academic staff is to “afford adequate and equal opportunities for appointment and advancement to all employees” on the basis of decisions that use reasonable standards.
He wants the court to quash the appointments saying they were not done as required by the University of Nairobi Charter 2013.
Prof Akech says it is the University’s Senate that recommends, and the Council that determines, the criteria for the appointment and promotion of members of the University’s academic staff.
Justice Anna Mwaure certified the case as urgent as he also seeks to block his dismissal, contained in the letter dated April 14, 2023.
“The contemplated dismissal from service is exceedingly precipitate, hasty, petty, malicious, capricious, draconian, and discriminatory and I stand to suffer prejudice in case the orders,” says Prof. Akech.
Through lawyer Apollo Mboya, Prof Aketch says the UoN administration informed him that the University is contemplating dismissing him from service without adhering to the provisions of the disciplinary process in the University’s Human Resource Policies and Procedures Manual.
He says the University’s Human Resource Policies and Procedures Manual provides that the discipline procedure should be progressive in nature proceeding through various steps.
He says the issuing of a written warning may be the first step if the seriousness of the infraction warrants such action.
“The employee must be afforded the right to be heard in the company of a fellow employee or an advocate of his/her choice,” he says in the petition.
Prof Akech says the Dean wrongfully initiated Disciplinary action against him, without affording him an opportunity to be heard.
“I am aware that the Dean Faculty of Law confirmed in an email to the Chair of the Undergraduate Programmes Committee dated March 19th, 2023 that GPR 425 had “attained the requisite threshold” and could be taught. In the same email, the Dean Faculty of Law confirmed that “the other two units do not meet the threshold and should not be offered, unless more students will have registered by tomorrow”.
He further adds that the actions of the Dean Faculty of Law constitute harassment and a violation of his labor rights and the University’s Human Resource Policies and Procedures Manual 2020.
“By a letter dated April 14th, 2023, Mr. Bernard Njuguna, the Acting Registrar-Administration, informed me that Staff Movement Advice for NEGLECT OF DUTY had been raised against me with effect from 13th March 2023, in view of which the University of Nairobi was contemplating my dismissal from service,” says associate Professor.
The letter claims that he had failed to teach GPR 403 and GPR 6123 and introduced a new claim.of failure to supervise PhD and LLM students allocated to him.
Prof. Akech reveals that on two occasions, in 2019 and 2020, the University excluded him from the examination of two PhD students ye he was the lead supervisor, without informing him, and without any explanation.
“I questioned this abuse of power and disrespect by the University and demanded that it sanctions the individuals responsible for the abuse of power and disrespect. To date, and for more than two years and counting, the University has refused or neglected to give me a proper explanation for this abuse of power and disrespect, or more importantly sanction the individuals responsible,” Says Prof. Akech.
He says it is highly discriminatory for the University to threaten him with disciplinary action yet all he demanded was accountability.
The don says the University of Nairobi has subjected him to discriminatory treatment by delay, denial, neglect, and refusal to promote him to full Professor of Law despite fulfilling the criteria and qualifying for promotion.
He adds that he has been excluded from PhD panel of examiners on two occasions despite being the lead supervisor and initiating disciplinary process without according him fair administrative action.
” I qualified for the post of Full Professor in 2018, having met EVERY criterion in the Univery pipment and Promotion Criteria for Teaching Staff 2017,” says Prof. Akech.
He says he learned in the newspapers in 2019 that the University had promoted five individuals to full professors, on the basis of an internal advertisement that was never circulated to all members of the Faculty of Law.
” I was extremely, utterly shocked when I read the minutes of the University’s committees that shortlisted and appointed the said five individuals,” says Prof Akech.
He adds that the Shortlisting Committee determined that Prof. Bernard Murumbi Sihanya had met the criteria for appointment to the post of Full Professor, even though he did not have any research grant.
The shortlisting committee determined that Prof Mumma had met the criteria for appointment to the post of Full Professor, even though he did not have any research grant.
Prof. Githu, he says, appointment to the post of Full Professor, even though he did not have any research grant and had not supervised a PhD student (not even one).
