Council defends decision to send varsity boss home

The Kenyatta University Council has defended its decision to declare a vacancy in the office of vice-chancellor after it sent Prof Paul Wainaina on compulsory leave.

Prof Wainaina was first sent on leave in April 2024 with Prof Waceke Wanjohi appointed acting vice chancellor.

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

But the council in December 2024 sent Wainaina on extended compulsory leave, saying he had accrued months of sabbatical leave.

The council chaired by Dr Ben Chumo argues that Wainaina must take his pending leave days before his term comes to an end on July 15, 2025.

According to the council, Wainaina has 30 months of sabbatical leave accrued from October 2010 and 22 days of annual leave with another 30 days of terminal leave.

Wainaina moved to the Employment and Labour Relations Court on January 30 seeking orders for his reinstatement as Vice Chancellor.

He also wants the court to quash an advert by the Public Service Commission calling for applications to fill the position of vice-chancellor.

In his affidavits, Chumo has asked the court to dismiss Wainaina’s case with costs citing lack of merit.

“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,” Chumo says.

Wainaina was appointed as professor at Kenyatta University in 2005 before being promoted to deputy vice chancellor in charge of administration in 2010.

He was appointed acting vice chancellor in March 2016 for a period of three months which were latter renewed many times until January 2018.

He became the institution’s substantive vice chancellor in February 2018 for a period of five years.

In that position, he was entitled to annual leave at the rate of 45 working days a year and sabbatical leave of two months for every year served.

Chumo said Wainaina’s contract provided that he was subject to government circulars issued from time to time.

On August 5, 2022, Wainaina was summarily dismissed as vice chancellor on account of gross misconduct.

He went to court and the matter was settled after a consent was entered between the parties before Justice Jacob Gakeri on December 8, 2022.

Following his reinstatement, Wainaina’s contract in 2018 was renewed for a period of three years which means he is expected to serve until January 2026.

But Chumo says Wainaina is expected to leave by July 15, 2025, when he shall have attained the retirement age of 75 years.

He says it was a government directive that all public servants utilise their leave days.

“Consequently, the council resolved that the petitioner continue on leave to utilize both his annual and sabbatical leave days,” Chumo says.

Chumo has asked the court to dismiss the case saying it lacks jurisdiction to alter the terms of Wainaina’s contract by extending his employment beyond his retirement age.

“In view of the foregoing averments, I believe that the application lacks merit and ought to be dismissed with costs to the university council,” Chumo says.