Wrangling university chiefs in talks ahead of court date

"YOU are children of the same mother…This a matter of children fighting and only the mother or the father can help,” the judge said. And so, embattled Kenyatta University vice chancellor Paul Wainaina and the university council have entered mediation to resolve leave and age-related leadership wrangles at the institution.

The mediation follows a court directive that Prof Wainaina and the Kenyatta University Council discuss and agree on how to resolve their differences, failing which the court will handle the dispute.

Justice Hellen Wasilwa of the Employment and Labour Relations Court, in referring the dispute to mediation, directed the Ministry of Labour to furnish the court with a report on the outcome of the talks on March 31, 2025.

“The issue is, the university decided that it does not want the vice chancellor but the Public Service Commission is saying the VC should stay.

This a matter of children fighting and it is only the mother or the father who can help,” the judge said.

The court said the two parties should be able to agree because they are both government entities.

Wainaina moved to 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 his position.

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

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 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 argued that Wainaina must take his pending leave days before his term comes to an end on July 15, 2025.

Chumo has since asked the court to dismiss the case filed by Wainaina, who is challenging the recruitment of a successor and being sent on terminal leave.

The university council said Wainaina had accumulated enough days to make his tenure at the university’s helm untenable. He moved to court and froze the process, arguing he was being illegally removed.

Referring the matter to a conciliator, Justice Wasilwa said the Ministry of Labour and Social Protection should be able to help resolve the matter.

“I want you people to resolve your issues as a government. You are children of the same mother. I cannot handle a matter between the Attorney General and the Public Service Commission,” she said.

Lawyers representing Wainaina said, however, the university has been unwilling to settle the matter administratively, arguing the matter is before the court.

“On March 31, I need a report here. If we find Wainaina is supposed to be in office, we will return him. Please, give conciliation a chance, let the Labour Commissioner help,” the judge urged.

She promised, however, to handle the case as per the law should the parties fail to reach an agreement.

“If it will not be resolved, let me tell you I’ll handle it the way it is supposed to be dealt with,” the judge said.

Wainaina wants the court to quash the advert by the Public Service Commission calling for applications to fill the position of vice chancellor.

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 contract or natural rules of justice,” Chumo said.

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 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.

ACCRUED SABBATICAL LEAVE

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 by the parties before Justice Jacob Gakeri on December 8, 2022.

Following his reinstatement, Wainaina’s contract of 2018 was renewed for three years, which meant he was expected to serve until January 2026. But Chumo said Wainaina is expected to leave by July 15, 2025, when he shall have attained the retirement age of 75.

He said a government directive said all public servants must utilise their leave days.

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

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

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 said.