Bill seeks to speed up university chancellor appointments

Kenya’s higher education sector faces a leadership vacuum as 26 public universities currently operate without chancellors, their titular heads. The situation, brought to the national parliament’s attention in early 2023, has prompted a legislative push to overhaul the appointment process.

The Universities (Amendment) Bill, 2024, sponsored by Kilifi North MP Owen Baya, seeks to dramatically simplify the chancellor appointment process by removing the Public Service Commission (PSC) from the process, allowing university senates to engage directly with the presidency in leadership selections.

“The current procedures discourage persons applying for the position of chancellor because the procedure is long and time-consuming,” Baya said, highlighting the urgency of the reforms. “These are usually eminent personalities in the country who may not have time to go through the entire procedure.”

Broader leadership crisis

The leadership crisis became apparent in February 2023, when Baya first raised the alarm in parliament. At that time, prominent institutions, including the universities of Moi, Kibabii, Kabianga, Rongo, Tom Mboya, and Karatina; Jaramogi University of Science and Technology; and the Technical University of Mombasa were among the 29 universities operating without substantive chancellors.

Some institutions, like Pwani University, had been without a chancellor since 2018, conducting four graduation ceremonies under council chairpersons, a practice that exceeded the three-month limit prescribed by law.

“Under the provisions of the Universities Act, the functions of the Chancellor may, in the absence or incapacity of the chancellor, be performed by the chairperson of the council for a period not exceeding three months,” Baya noted in his 2023 parliamentary address.

In Kenya’s university system, chancellors serve primarily ceremonial roles as titular heads of universities, presiding over graduation ceremonies and conferring degrees. But they also provide strategic guidance and act as bridges between universities and the government.

The absence of chancellors is compounded by the fact that 10 of Kenya’s universities currently do not have vice-chancellors, who are essentially the chief executives of universities, responsible for day-to-day university management, academic programmes and administrative decisions.

Any gaps in senior institutional leadership raise the possibility of institutional challenges, diminished governance effectiveness, and increased administrative confusion.

Streamlined process

The new bill proposes significant streamlining of the chancellor appointment process. University senates would directly forward three names to the president, one of whom must represent a different gender to the other two. The bill’s requirement for gender representation among candidates represents a step toward greater inclusivity in university leadership. This comes at a time when women are significantly underrepresented in top university positions across Kenya.

Once the president receives the three names, the president has 21 days to make an appointment and the entire process must be completed within 90 days of a vacancy.

“The committee observed that chancellors do not engage in the day-to-day activities of public service to necessitate inclusion in the PSC recruitment process. The proposed law provides for a structured process that allows for a smooth transition in leadership of universities,” noted Julius Melly, chairman of the National Assembly Education Committee, who supported the changes.

Proponents of the bill argue that it does not infringe on fundamental rights or affect county government functions, as higher education remains under national government purview according to the Constitution’s Fourth Schedule.

No additional expenditure

The committee has confirmed that the proposed changes would also not require additional public expenditure, making implementation more feasible. However, some experts argue that proper due diligence should not be compromised in the name of efficiency. The focus remains on maintaining high standards while streamlining the process.

The bill has completed its first reading and is under consideration by the Departmental Committee on Education. The committee has held multiple meetings and received submissions from various stakeholders, including the Ministry of Education and the Policy and Governance Institute.

The Ministry of Education has suggested extending the implementation timeline to six months to ensure adequate consultation and proper vetting of candidates, although the bill currently proposes a 90-day timeline.

Melly, however, emphasised the importance of a quicker process: “It is envisaged that the amendments will ensure reasonable timelines to prevent undue delays in filling vacancies within the office of the chancellor,” he said.

The Presidential Working Party on Education Reform has endorsed the removal of the Public Service Commission from the appointment process, adding weight to the proposed changes.

As the bill progresses through the legislative stages, several key questions remain: How will the reduced oversight affect university governance? What measures will ensure merit-based selections in a streamlined process? How can the system balance efficiency with proper vetting? What impact will these changes have on university autonomy?