Commission for University Education Chief Executive Officer David Some. FILE PHOTO | NATION MEDIA GROUP
Education Cabinet Secretary Fred Matiangi has faulted the Commission for University Education's (CUE) procedure in seeking to sack its chief executive officer, Prof David Some.
Dr Matiang’i said due process and respect for the Constitution must be followed.
The commission’s board has accused Prof Some of incompetence in discharging his duties.
“I
have read the report on the performance of the CEO, with which I
concur. However, while I fully understand your desire for immediate
action, given that the review raised grave issues on the performance of
the CEO, due process must be followed,” said the Cabinet secretary, in a
letter dated January 13.
He said the chief executive officer should be given an opportunity to be heard, in accordance with disciplinary procedures.
“I
advise you to formally put these allegations to the CEO in writing and
demand a response from him within a reasonable period of time. Should
the commission still hold on [to] its current position, after analysis
of his response, then proceed to exercise your mandate to terminate the
contract,” said Dr Matiangi in a letter to CUE chairman Prof Henry
Thairu.
He advised that Prof Some be given a specific
timeline to respond to allegations levelled against him, failure to
which the commission should invoke clause 28 of his letter of
appointment and sack him.
“In other words, the
commission should exhaust its internal process in enforcing disciplinary
action, given the constitution dispensation, we must at all times act
within the constitution and the labour law,” said Dr Matiang’i.
The
Cabinet secretary added that in the event that the chief executive
officer is removed, the commission must conduct an open and competitive
recruitment process.
Prof Some’s contract is due to expire on September 3, 2017.
According
to a letter to the CS by Prof Thairu, dated December 21, 2015, Prof
Some has failed to provide leadership in line with objectives given.
The
commission board has also cited dismal performance as assessed by the
commission and an independent consulting firm, Africa Corporate
Governance Advisory Services Limited.
Mr Thairu said
the CEO’s contract should be terminated, and that he should be given six
months’ salary and house allowance in lieu of a notice. Prof Some is
also to be paid a gratuity at the rate of 31 per cent of his annual
basic salary.
The CEO has also been accused of failing to discharge the commission’s core mandate on quality assurance.
DENIED ALLEGATIONS
Prof Some has, however, denied the allegations, saying no one has put forward the allegations to him.
“I
have not been summoned by the commission to explain all these
allegations. In fact, when the board met, I was [away attending a
funeral] and since coming back no one has told me anything,” said Prof
Some on Tuesday.
“Considering his performance since his
appointment, the commission has strong reservations on his ability to
continue serving as the commission’s chief executive officer,” said Prof
Thairu in a report submitted to Dr Matiang’i.
Board
members want Prof Some sacked because, they say, his interaction with
the staff is very poor and that despite numerous complaints, no
improvements had been noted.
“He brings no harmony in
the institution and the staff are demotivated. He has failed to build or
nurture a motivated staff force,” states the report.
It
argues that staff have written several anonymous complaint letters to
the chairman and commissioners, the Cabinet secretary, the Ombudsman and
Parliament, and were, therefore, spending time complaining and not
working.
The board further stated that the CEO has not
taken seriously issues that have serious health and security risks,
despite the board's resolutions and directions on the same.
Prof
Some is also being accused of lack of proper clear engagement with
stakeholders that has led to direct complaints to the CS.
He
is also being accused of not taking good care of confidential documents
that found their way outside the boardroom without the authority of the
commission.
“He has blocked the commissioners from inspecting and or checking the processes of inspection of universities.
“Yet
he does not give adequate information to the board. This has blurred
the commissioners on what is done on the ground and consequently,
commissioners make decisions based on incomplete or inadequate reports,”
said the chairman.
The report also alleges the CEO has
not devoted adequate time to the commission as he is a member of many
external committees, and has failed to delegate responsibilities to his
deputies.
Prof Some has also been accused of failing to provide leadership on important functions affecting the commission.
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