High Court Reinstates Prof Paul Wainaina as Kenyatta University Vice Chancellor.
The High Court has ordered the immediate reinstatement of Prof Paul Wainaina as the Vice Chancellor of Kenyatta University, ending a long-standing dispute since he was placed on compulsory leave on April 14, 2024. The court ruled that his removal was unlawful and directed that he return to office without delay.
Additionally, it affirmed that once his contract ends on January 26, 2026, he will resume his duties as a regular professor, since he will not have reached the mandatory retirement age of 75 for professors.
Prof Wainaina was initially placed on leave by the university council in April 2024, with Prof Waceke Wanjohi stepping in as acting vice chancellor. The council justified this move by pointing to Prof Wainaina’s accumulated leave: 30 months of sabbatical leave dating back to October 2010, along with 22 days of annual leave and 30 days of terminal leave.
He was scheduled to return to work on January 30, 2025. However, the council extended his compulsory leave in December 2024, insisting he use up all the accrued leave time before his contract ended.
The council, led by Chairperson Dr Ben Chumo, maintained that Prof Wainaina had to exhaust his pending leave before the end of his term. In a sworn statement, Dr Chumo urged the court to dismiss the petition, arguing it lacked merit. He stated that the council’s decision to begin the recruitment of a new VC was within its jurisdiction and did not violate Prof Wainaina’s contract or the principles of natural justice.
Prof Wainaina Challenges Council’s Actions
Prof Wainaina filed a petition in the Employment and Labour Relations Court on January 30, 2025, seeking reinstatement. He contended that the recruitment of a new vice chancellor was done without due process and violated earlier court rulings that had restored him to office. He maintained that he remained the lawful holder of the office and that any attempt to replace him was illegitimate.
The council, in response on March 3, 2025, urged the court to reject the petition.
In his petition, Prof Wainaina alleged that both the council and the Public Service Commission (PSC) acted unlawfully in attempting to remove him before the conclusion of his contract. The PSC, after reviewing the matter, confirmed that his 2018–2023 contract had been renewed for a further three years through 2026 and was not subject to the mandatory retirement age.
The court found that the council had acted improperly by initiating the recruitment process without recognizing the validity of Prof Wainaina’s current contract. It ruled that forcing him on leave and appointing an acting VC caused avoidable expenses and violated the principles of public service.
Following its review, the PSC instructed the university council to rescind its December 11, 2024 letter that sought to alter Prof Wainaina’s contract. The commission further directed the immediate reinstatement of Prof Wainaina, declaring any attempts to block him from office as irregular and contrary to established procedures.
Additionally, the PSC cancelled the advertisement for the VC position, which had been published on January 22, 2025, citing it was based on misleading information and ignored the existing contract.
Prof Wainaina’s Career Timeline
Prof Wainaina was first appointed acting VC in March 2016 for a three-month term, which was extended several times until January 2018. In February 2018, he was confirmed as the substantive vice chancellor on a five-year contract. His benefits included 45 working days of annual leave and a two-month sabbatical for every year of service.
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Dr Chumo argued that Prof Wainaina’s employment terms were subject to government circulars. Notably, on August 5, 2022, Prof Wainaina was summarily dismissed from his post over allegations of gross misconduct. However, he was later reinstated by the government.
In court, Prof Wainaina reportedly said that attempts to edge him out were a deliberate effort to override due process. He also stated that his legal right to serve his full term had been previously affirmed. In court, he said that “the council’s actions disregarded lawful directives” and described the recruitment process as “a targeted attempt to remove him unjustly.”
High Court Reinstates Prof Paul Wainaina as Kenyatta University Vice Chancellor.
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