We are well aware that prof Joseph Bosire has put in a request to the ministry of education for his term as “acting VC” be extended further beyond April 30th, 2019, notwithstanding that of the said period of five months he has been in office, only three of those were in formal capacity, albeit informed on irregular premises. The sub-sequent two months following the expired official three months has been made unofficially through a telephone call from the ex-CS ministry of education – Amb. Amina Mohammed – orchestrated by the ex-chairman of council at MMUST, Dr Jeremy Bundi, who now has been removed from MMUST council and reassigned to Pwani university. The action of irregularly appointing Bosire from JOOUST is a very wrong precedence of impunity, which had never happened anywhere else in Kenya, taking from examples we have witnessed with Kenyan top universities like UoN, Moi, KU, Maseno and so forth, were acting VCs are appointed from within the universities. But, despite the irregularity in prof Bosire’s appointment from JOOUST to MMUST, as acting VC, his continued stay in MMUST in acting capacity – without a formal extension letter to same and worse even, the criminality of him been authorized by the ex-council chairman to be put back into MMUST payroll for two months now, without a formal extension letter to inform same makes him unfit for extension. In addition, with his lazy, incompetent and divisive manner with which he had carried on in the last five months to the detriment of the university, prof Bosire’s – if at all we should consider him a man of integrity – should be packing his bag and returning back peacefully to his JOOUST home. But yet, this man had the audacity to write the ministry in pray for an extension and continuous perpetration of an irregularity, illegality and criminality of the worse order against an academic centre of excellence, in renewing or extending his appointment as acting VC of MMUST. This kind of impunity have never been heard nor seen anywhere in the history of our country Kenya, hence why we believe the current leadership at Jogoo house would be the last to want to be part of aiding such abuse of authority to the detriment of academic excellence in Kenya.
As we countdown to Bosire’s exit from MMUST, we have put together this blog as a point of information to all our readers, reasons why his irregular and illegal acting period should not be extended and why prof Bosire must be bundled out of MMUST by Tuesday, April 30th, 2019. In fact, this is not just our prayer but that of over 98% of MMUST staff and students, as well as that of many interest and pressure groups who are stakeholders at MMUST. As we currently write, confidential documents in our possession reveals that a very powerful pressure group who are stakeholders at MMUST have given full brief to their lawyers and awaiting to move to court to seek interpretations and redress to the matter, should prof Bosire be allowed to remain in MMUST as acting VC, beyond Thursday, 2nd May, 2019. We know very well that should the court pronounce itself on the irregularity or Bosire’s appointment, the consequences will be dire; including withdrawal of all certificates signed by prof Bosire. Clearly, no one in their right mind will allow this kind of illegality to continue anywhere in Kenya. Even as we write, we confidently make bold to say that the illegality and irregularity in Bosire’s appointment negates and flouts the provision of the university statute V. Furthermore, there’s nowhere in the universities act of 2012 that provides for a professor employed by another university with a different Charter and terms of appointment and operation to be transferred through direct/non-competitive process to another university to act as VC, specifically, it flouts part V, section 35(1) (a) (i) and section 39 (I) (a) of the universities Act 2012. Worse still, where the university he is being transferred to has clearly better qualified and experienced professors to hold that office in brief until a substantive VC is appointed either through a competitive process or reappointed for a second term following recommendation from council on a premise that is STRICTLY based on performance and merit as advised from appropriate statutory functions. These were all breached and make us wonder aloud; what informed the irregularity in prof Bosire’s appointment? And what informed the perpetuation of an illegality in his continued stay before the advise 90 days acting spree? And why should this be allowed to go on further beyond April 30th, 2019?
As points of reflection to the ministry and to all stakeholders at MMUST, we hereby for your reference, present to you a brief list of reasons we believe ought be considered first, before anyone considers giving an ear to prof Bosire’s prayer for extension;
The irregularity in his appointment from JOOUST – an institution with a different charter and employment provisions – against the provision of MMUST statute V and part V, section 35(1) (a) (i) and section 39 (I) (a) of the universities Act 2012.
The illegality in his continued stay for a further 60 days in acting capacity in MMUST beyond the initial irregular 90 days, without formal communication from the ministry
The criminality perpetuated by Dr Jeremy Bundi – the new chairman of council at Pwani university; Bosire himself, and the university finance officer – Mr Jared Oguta Rading – in putting Bosire back on MMUST payroll for up to two months.
The connivance of prof Bosire with Dr Jeremy Bundi to reinstate Ms. Rachel Atamba as Registrar administration in violation of the university statute XI – which provides that the position must be competitively filled by a candidate with a minimum of a PhD in a relevant field. More so, in violation of a court ruling that Ms. Rachel Atamba is unqualified for the position of a registrar, but be reinstated back as staff in a different capacity – at the same salary scale she was before the then council directed her and other registrar who did not meet the criterial be removed – but not as a registrar. Our question which we believe only Bundi and Bosire can answer, remains; why Ms. Rachel Atamba and not her other former colleagues in academic afairs and in planning?
The reinstatement of the then dean of students – Rev. Omwoha. This staff was removed from office as dean of student, on council recommendation, following a regular process, on grounds of multiple corruption and extortions from students, to mention a few. Besides, her matter was still in court, so we wonder, when was it withdrawn from court to warrant this gross contempt of court in reinstating her back to office?
The pardoning of a student who was suspended for three years on grounds of gross examination misconduct following the recommendation of a formal process. This student, Zachary Omare – a Kisii – like prof Bosire, was the only student amongst others who appealed for pardon, that was heard and pardoned by a kangaroo committee headed by prof Thomas Sakwa, the acting registrar academic affairs. This matter is even more personal to comrades, who believe this was the worse ethnic discrimination ever heard in Kenya and what’s more, prof Bosire is such a trabalistic man, that he now fronts a Kisii student to be rigged into power as chairman of students governing council (SGC) in the forthcoming election to be held on the 13th of May, 2019.
In such a short acting period, prof Bosire have removed and rendered idle all security systems in place at the university, without even making a formal request for their withdrawal to the state. He has replaced all security structure and drivers attached to the office of the VC with his kisii kinsmen.
Prof Bosire, in the last five months is hardly in office to make decisions. It took him nearly three months to sign certificates of graduands of the 13th graduation ceremony held on 14th December 2018. He is always traveling, holding endless and too many meetings all on per diems with grave financial implications to the university. He allows for multiple duplicative meetings like various sections traveling to Eldoret, Busia, Kisumu, Mombasa to mention a few to have sections on review of the university strategic plan barely one month after the university completed a retreat on the same and with heavy financial implications. Worse still, these meetings are all held in private hotels against the government directive of state corporation using state institutions/facilities for official meetings and trainings. Moreover, reliable information to us shows most of the facilities have investors who are stakeholders at MMUST.
Prof Bosire’s approach to leadership is, if anything, very divisive. He purports to have one of his best achievements at MMUST be uniting warring factions and restoring confidence and peace at MMUST. But the truth is that the facts that he ignored statutory provisions like the Ombudsman and the National Cohesion committee, to set up his own kangaroo committee, tagged; MMUST Building Bridging Initiative (MBBI) committee and chaired by a disgruntled professor, and with membership from disgruntled staff and union officials with the former administration, speaks more than meet the eye on what the real intensions behind the MBBI was. Now we hear the committee have concluded their reports, which were largely HR issues and will be going on a retreat in Busia to compile their report – of course, on per diem.
Prof Bosire not only does not know how to manage a university, he obvious have zero experience on how to keep a university financially stable nor have a formal structure to collecting students fees. In less than five months, he has practically rendered the university bankrupt, that the once vibrant and financially stable MMUST now struggles to remit statutory returns and paying suppliers within 90 days. Allowing him more time in MMUST will be putting the nearly 1000 staff of MMUST at risk of not receiving timely monthly salaries and problems with banks and hospitals, to mention a few.
In conclusion, while our humble prayers as comrades remain that prof Joseph Bosire be kindly excused from MMUST and allowed to return peacefully to his JOOUST, as our academic and future is been put in jeopardy if he is allowed to continue in acting capacity at MMUST, we are well aware he is lobbying seriously through his Kisii kinsmen and through Dr Bundi’s higher connections to have his acting appointment renewed. We are also quite aware, even though with the exit of Dr Bundi from MMUST, they both believe they can influence authority at MMUST leadership. His partner, Dr Jeremy Bundi, we know have boasted openly that even if he should be removed from MMUST, his grounds men in Council being Mr Muchelule and Ms Vayonda Sirma will remain his modus operandi. He also boast that so long as the presidency and Kinyua remains powerful in Kenya and behind him, he will succeed to keep prof Bosire in acting capacity. As we look to see these threats play themselves out, we trust the new council and the ministry in their wisdom will give justice to MMUSTians and indeed Kenyans by not allowing prof Bosire’s acting capacity to extend beyond Tuesday, April 30th, 2019.