The Kenyatta University Council has defended its decision to declare a vacancy in the position of vice-chancellor after sending Prof. Paul Wainaina on compulsory leave.
Prof. Wainaina was first sent on leave in April 2024, with Prof. Waceke Wanjohi taking over as acting vice-chancellor. Initially, his leave was to end on January 30, 2025, allowing him to resume his duties the following day. However, the council extended his leave in December 2024, citing his accrued sabbatical leave.
The university council, chaired by Dr. Ben Chumo, argues that Prof. Wainaina must utilize his accumulated leave before his term ends on July 15, 2025. According to the council, he has 30 months of sabbatical leave accrued since October 2010, in addition to 22 days of annual leave and 30 days of terminal leave.
Prof. Wainaina has since challenged the decision in the Employment and Labour Relations Court, seeking reinstatement. Additionally, he has petitioned the court to quash an advertisement by the Public Service Commission for the vice-chancellor position.
In response, Chumo has urged the court to dismiss Wainaina’s petition, stating that the recruitment process was initiated lawfully by the council and implemented by the Public Service Commission. He further asserts that the council’s decision does not breach the petitioner’s contract or principles of natural justice.
Prof. Wainaina has served Kenyatta University for several years, starting as a professor in 2005 before being promoted to deputy vice-chancellor in charge of administration in 2010. He later became acting vice-chancellor in March 2016, before his confirmation as substantive vice-chancellor in February 2018 for a five-year term.
His contract stipulated that he was entitled to 45 annual leave days and two months of sabbatical leave per year. Chumo contends that a government directive mandates all public servants to utilize their leave days, justifying Wainaina’s continued leave until his retirement on July 15, 2025, at the age of 75.
The council maintains that the court lacks jurisdiction to extend Wainaina’s employment beyond the retirement age and has requested the case’s dismissal with costs awarded to the university.
