Court Reinstates Prof. Wainaina as Kenyatta University Vice Chancellor

The Employment and Labour Court has issued orders reinstating Prof. Paul Wainaina as the Vice Chancellor of Kenyatta University (KU).

Prof. Wainaina was sent on leave in April 2024, after which the Kenyatta University Council appointed Prof. Waceke Wanjohi as the acting Vice Chancellor.

The leave was initially scheduled to end on January 30, 2025, with Prof. Wainaina expected to resume his duties the following day.

However, in December 2024, the Council extended his compulsory leave, citing accumulated sabbatical days.

Court Reinstates Prof. Wainaina as Kenyatta University Vice Chancellor

The council sent Wainaina on leave, arguing that he had accumulated enough leave days to make his continued tenure at the university’s helm untenable.

Wainaina later moved to court to challenge his placement on terminal leave and the recruitment of his successor. He argued that he was being illegally removed from office owing to politics.

He further argued that the council was acting in a similar scheme to the earlier one when he opposed surrendering the university land to the government. Wainaina wants to remain in office until March 2026.

He wanted the court to reinstate him as VC and quash an advert by the Public Service Commission calling for applications to fill the position of vice-chancellor.

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KU Council’s Argument in Court

However, according to the Council, Prof. Wainaina handed over the instruments of power on April 17, 2024, and ushered in the acting Vice Chancellor, Prof. Waceke Wanjohi.

The council argued that there was no breach of Wainaina’s rights. It stated that it had resolved the petitioner’s contract would lapse on July 15, 2025, and that he remains on sabbatical leave until then.

“This Honourable Court ought not to interfere with the petitioner’s sabbatical leave, which he is obligated to complete before resuming service in any capacity at the third respondent,” it told court.  

The court heard that Wainaina had accumulated leave days, which he ought to have utilised in addition to the terminal leave.

The council’s chair, Prof. Ben Chumo, asserted that the law is clear regarding the recruitment of a new VC, arguing that Wainaina’s contract and birth date showed he should leave office on July 15, 2025.

“I reiterate that the third respondent (KU council) resolved that the petitioner’s contract of service was to lapse on July 15, 2025. However, the petitioner continues to be on sabbatical leave until that date,” Chumo said.

“The third respondent has not disentitled the petitioner from serving his full term as the university’s Vice Chancellor as alleged. There has been no such breach of his contract of service as the sabbatical leave is a mandatory requirement.”

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Wainaina’s Woes

Prof Wainaina’s tenure as Vice-Chancellor has been marred with controversy, most notably his dismissal as the university’s VC in August 2022.

His dismissal followed a standoff with the government over a parcel of land earmarked for the construction of the World Health Organization (WHO) African regional operations and logistics hub.

He was removed from office for refusing to surrender the land to the government.

However, three months later, he was reinstated as Kenyatta University Vice Chancellor following the change in administration under the Kenya Kwanza government.

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