The court directed Prof Wainaina’s immediate reinstatement after he had been sent on compulsory leave in April 2024.
The 74-year-old has once again beaten back an attempt to remove him from office, solidifying his reputation as the public university VC with more lives than a cat.
The development marks another chapter into the life of a man whose tenure at KU has been defined by repeated attempts to push him out and his ability to rise from the ashes.
Prof Wainaina’s saga reads like a legal and political thriller. His tenure has been riddled with suspensions, court cases and a revolving door of acting appointments.
Then Kenyatta University Vice Chancellor Prof Paul Wainaina addresses students at the institution on April 30, 2025 after the High Court reinstated him to the position.
Photo credit: Evans Habil | Nation Media Group
Yet he’s clawed his way back every time, never out for long, never down for good.
Prof Wainaina was first appointed acting VC in March 2016 for three months, which was extended multiple times until early 2018.
He was confirmed as the substantive VC on a five-year contract in February 2018. His term was renewed for three more years in 2023.
During his tenure, Prof Wainaina was entitled to 45 working days of annual leave and a two-month sabbatical for every year of service.
“I’m grateful to be back after more than a year. I will serve with integrity, accountability and commitment to this community until my tenure ends. When that time comes, I’ll return to my role as professor as I have always been ready to serve in any capacity,” he said.
In December last year, the council sent Prof Wainaina on extended compulsory leave, saying he had accrued months of his sabbatical.
Kenyatta University Vice-Chancellor Paul Wainaina leaves the KU Amphitheatre after addressing the institution's staff on July 12, 2022.
Photo credit: Francis Nderitu | Nation Media Group
The council added that Prof Wainaina was to take pending leave days before his term comes to an end on July 15, 2025.
According to the council chaired by Dr Ben Chumo, Prof Wainaina had racked up 30 months of sabbatical leave since October 2010, along with 22 days of annual leave and 30 days of terminal leave – the time it insisted he must take before his term officially ends.
In his affidavits, Dr Chumo asked the court to dismiss Prof Wainaina’s case with costs, citing lack of merit.
“The recruitment commenced upon the council’s resolution and effected by the Public Service Commission (PSC). It is not in excess of their jurisdiction and not in breach of the petitioner’s contract or natural rules of justice,” the KU Council chairman told the court.
On January 30, 2025, the suspended VC filed a petition at the Employment and Labour Relations Court, challenging “the unlawful attempt to terminate my leadership”.
At the heart of his case was the assertion that the Council, in collusion with the PSC, had initiated the of hiring Prof Wainaina’s replacement without observing due process or acknowledging that his contract remained valid.
Kenyatta University Vice Chancellor Prof Paul Wainaina on October 11, 2023.
Photo credit: File | Nation
Court records show Prof Wainaina’s stance. He said he was still the legitimate office-holder and any effort to replace him violated court directives and the terms of his contract.
Justice Maureen Onyango Wasilwa agreed with the VC, issuing orders freezing the recruitment.
Even so, tensions escalated behind the scenes.
The university Council defended its position, with Dr Chumo arguing that the leave was in line with government circulars and administrative norms.
He called for the dismissal of the case, adding that the PSC was within its rights to begin the process of recruiting a VC.
In the petition submitted on January 30, Prof Wainaina said the KU Council and the PSC unlawfully attempted to remove him before the expiry of his contract.
The commission reviewed the file and found that Prof Wainaina’s contract from 2018 to 2023 was valid. It was renewed for three years and was not subject to retirement age.
Even with that, the council requested the commission to advertise the VC position without acknowledging Prof Wainaina’s 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, thus violating public service principles.
The PSC then directed the KU Council to rescind its December 11, 2024 letter, which attempted to alter Prof Wainaina’s contract unlawfully.
Kenyatta University Vice-Chancellor Paul Wainaina addresses the institution’s staff members on July 12, 2022 shortly before he was suspended.
Photo credit: Francis Nderitu | Nation Media Group
Additionally, the commission instructed that Prof Wainaina resume office without delay since his contract remained valid and enforceable.
Any attempts to bar him from the VC position would be deemed irregular, the commission said.
The commission then cancelled the advertisement for the KU Vice-Chancellor position, which was published on January 22, 2025.
According to the PSC, the vacancy had been advertised, based on incorrect information and without due consideration of Prof Wainaina’s tenure.
However, Dr Chumo and his council insisted that Prof Wainaina’s contract stipulated that he was bound by government circulars issued periodically.
He was summarily dismissed from his position over allegations of gross misconduct on August 5, 2022.
