Four senior officials from the University of Nairobi, including Council Chairperson Prof. Amukowa Anangwe, were yesterday released on bond after pleading not guilty to corruption charges involving a controversial staff reappointment and the alleged misappropriation of over Sh32 million in public funds.
Appearing before Principal Magistrate Celesa Asis Okore at the Milimani Anti-Corruption Court, Prof. Anangwe, Council members Caren Omwenga and Abdullahi Ahmed, as well as Chief Operations Officer (COO) Daniel Brian Ouma, were formally charged with abuse of office and unlawful acquisition of public property.
The court ordered their release on strict bond terms, including the surrender of passports and prohibition from accessing their offices at UoN until the case is concluded.
Prof. Anangwe, Omwenga, and Abdullahi were granted bond of Sh3 million or cash bail of Sh1 million, while Ouma, who faces a separate charge for unlawfully receiving salary payments, was granted a Sh5 million bond or Sh3 million cash bail.
The charges stem from a Council decision on April 19, 2024, which reinstated Mr. Ouma as Acting COO, effectively overturning a revocation letter issued by then-Vice Chancellor Prof. Stephen Kiama.
Prosecutors say this decision violated a court ruling issued on April 8, 2024, which had barred such administrative reversals.
The second count alleges that Mr. Ouma unlawfully drew Sh32,459,406.15 in salary over a decade for various positions including Deputy Director (Fundraising, Donor Relations and Partnerships), Director of Advancement, and Acting COO, roles for which the state argues he lacked proper qualifications.
The court heard that two other Council members, Joel Kamau Kibe and Dr. Darius Mogaka, who were to be jointly charged, were absent as they are reportedly out of the country.
The defense strongly opposed the charges, saying they were politically driven, procedurally flawed, and ignored binding court orders from the Employment and Labour Relations Court (ELRC).
“This conservatory order is still running even after the so-called injunction,” a defense lawyer stated, referring to Petition No. E192 of 2024, which allegedly barred any action against Mr. Ouma’s employment.
“We believe this entire process is politically motivated and not grounded in justice.”
Lawyers further argued the Council was only executing what the ELRC had ordered.
“The court clearly said: do not remove Brian Ouma. That’s an order from a superior court. Yet here we are, defending actions that are in full compliance with that very court order,” they said.
Prof. Anangwe’s advocate, Abdrazak Mohamed, criticized the handling of his client’s arrest, describing it as an ambush.
“The EACC told us they would call my client when necessary. Instead, they ambushed him early morning, transported him like a fugitive, and rushed him to this court. That’s not justice. That’s harassment,” he said, recounting how Anangwe was detained at 4 a.m. in Kisumu and flown to Nairobi.
The defense questioned the logic of charging individuals over a resolution passed collectively by a legally constituted Council body.
“It is trite law that an individual cannot pass a resolution. A resolution is passed by a body corporate. There is no such office as ‘member of the council’ under the University Act,” said Abdrazak Mohamed.
“This charge is constitutionally defective and offends the rights of the accused.”
Abdullahi’s lawyer also dismissed the charges as legally hollow: “The charges refer to a ‘member of the council’ abusing office. But there is no such office created under the University of Nairobi Charter or the Universities Act.”
“Resolutions are passed by corporate entities, the council, not individuals. Bringing individuals before this court for a corporate action is defective and violates their constitutional rights.”
The court rejected a request to delay plea-taking to allow the accused time to file constitutional challenges, agreeing with DPP Renson Ingonga that the charges were properly framed and procedurally sound.
The case will be mentioned after 14 days for pre-trial directions.
