The High Court has ordered the immediate reinstatement of Prof Paul Wainaina as the vice chancellor of Kenyatta University after being out of office since April 14, 2024 when he was sent on compulsory leave.
In its ruling, the court declared his removal unlawful and directed that he resumes duty without delay. The court also ruled that after his contract as VC expires on January 26 2026, he will revert to his role as a regular professor at the university as he will not have attained the retirement age of 75 years for professors.
Prof Wainaina was first sent on leave by the university council in April 2024 and Prof Waceke Wanjohi appointed acting vice chancellor. This is because of his accumulated leave days. According to the council, Prof Wainaina had 30 months of sabbatical leave accrued from October 2010 and 22 days of annual leave with another 30 days of terminal leave.
He was meant to resume duty on January 30, 2025. However, the council in December 2024 sent Prof Wainaina on extended compulsory leave, saying he had to also expend the accrued months of sabbatical leave.
The council, chaired by Dr Ben Chumo, argued that Prof Wainaina had to take his pending leave days before his term comes to an end. In his affidavit, Dr Chumo has asked the court to dismiss Prof Wainaina’s case, with costs, citing lack of merit. The council also commenced the recruitment process for a new VC.
“The recruitment process commenced upon the council’s resolution and effected by the Public Service Commission and is not in excess of their jurisdiction and also not in breach of the petitioner’s contract or natural rules of justice,” Dr Chumo argued.
Prof Wainaina moved to the Employment and Labour Relations Court on January 30, 2025, seeking orders for his reinstatement as vice chancellor.
According to court filings, Prof Wainaina said that the recruitment of a new VC was initiated without following due process. He insists that he remains the substantive office holder and that any move to replace him contravenes previous court directives that reinstated him to his position.
On March 3, 2025 the council urged the court to dismiss the case.
In his petition, Prof Wainaina alleges that the council and the Public Service Commission (PSC) unlawfully attempted to remove him from office before his contract expired. The PSC reviewed the case and found that his contract (2018-2023) was renewed for three years (2023-2026) and was not subject to retirement age.
The court found that the university council requested the PSC to advertise the VC position without acknowledging Prof Wainaina’s current contract. Additionally, the council attempted to send him on leave unlawfully and appointed an acting VC, resulting in unnecessary costs while Prof Wainaina was still in office, violating public service principles.
Further the PSC directed the university council to immediately rescind its letter dated December 11 2024, which attempted to unlawfully alter the terms of Prof Wainaina’s contract. Additionally, the PSC instructed that Prof Wainaina must resume office without any further delay, as his contract remains valid and enforceable. Any attempts to bar him from his position were deemed irregular and must be reversed to uphold procedural and legal integrity.
Furthermore, the PSC cancelled the advertisement for the vice chancellor position, which was published on January 22, 2025. The commission found that the vacancy had been advertised based on incorrect information and without due consideration of Prof Wainaina’s existing contract.
He was first appointed as acting vice-chancellor in March 2016 for an initial three-month term, which was subsequently extended multiple times until January 2018.
In February 2018, he was confirmed as the substantive vice-chancellor on a five-year contract. During his tenure, he was entitled to 45 working days of annual leave and a two-month sabbatical for each year of service.
According to Dr Chumo, Prof Wainaina’s contract stipulated that he was bound by government circulars issued periodically. On August 5, 2022, he was summarily dismissed from his position over allegations of gross misconduct but was reinstated by the government.
