Court orders reinstatement of Prof Wainaina as Kenyatta University Vice Chancellor

Kenyatta University Vice Chancellor Prof Paul Wainaina. (Photo: Handout)

By Joseph Ndunda
Wednesday, April 30, 2025

The Employment and Labour Relations Court declared the removal process unlawful and instructed that Prof Wainaina resume duty without delay.

Prof Paul Wainaina is set to return to his post as Vice Chancellor of Kenyatta University after the High Court ruled that his removal from office was unlawful.

In a judgment delivered on Wednesday, the court ordered Prof Wainaina’s immediate reinstatement, bringing to an end a legal dispute that began on April 14, 2024, when he was sent on compulsory leave.

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The Employment and Labour Relations Court declared the removal process unlawful and instructed that Prof Wainaina resume duty without delay. The court also clarified that upon expiry of his current term on January 26, 2026, he would revert to his position as a professor at the university, as he would not have reached the retirement age of 75 for professors.

The saga began in April 2024 when the Kenyatta University Council sent Prof Wainaina on compulsory leave, citing accrued leave days.

According to the council, chaired by Dr Ben Chumo, Prof Wainaina had accumulated 30 months of sabbatical leave since October 2010, 22 days of annual leave, and an additional 30 days of terminal leave. Consequently, Prof Waceke Wanjohi was appointed as acting vice chancellor.

Although he was initially expected to return on January 30, 2025, the university council extended the leave in December 2024 to accommodate the full sabbatical period. The council maintained that he needed to exhaust his leave before the end of his term.

In response to the extended leave and efforts to recruit a new vice chancellor, Prof Wainaina moved to court on January 30, 2025, challenging the council’s actions and seeking reinstatement.

In his affidavit, Dr Chumo defended the council’s move and asked the court to dismiss the case.

“The recruitment process commenced upon the council’s resolution and was effected by the Public Service Commission. It is not in excess of their jurisdiction and also not in breach of the petitioner’s contract or natural rules of justice,” Chumo said.

Violation of contract

However, Prof Wainaina contested the recruitment of a new VC, arguing that it was initiated without proper procedure and that he remained the substantive office holder. He told the court that any attempt to replace him went against previous court orders and violated the terms of his contract.

In support of Prof Wainaina, the Public Service Commission (PSC) stated that his contract, initially from 2018 to 2023, had been validly renewed for three more years to run until 2026 and was not subject to the retirement age. The commission also found that the university council had requested it to advertise the VC position without considering the current contract, an action it deemed improper.

The court heard that the university council’s letter dated December 11, 2024, which attempted to alter the terms of Prof Wainaina’s contract, was irregular. The PSC had directed the council to rescind the letter and instructed that Prof Wainaina resume office immediately.

Further, the PSC cancelled the advertisement for the vice chancellor position published on January 22, 2025, citing that it was based on inaccurate information and failed to acknowledge Prof Wainaina’s valid contract.

The court ruled that the actions of the council, including the unlawful leave extension and appointment of an acting vice chancellor, led to unnecessary costs and violated public service principles. These actions were deemed procedurally flawed and legally unsound.