Wainaina v Principal Secretary Ministry of Education State Department for Higher Education & Research & 4 others (Petition E011, E022 & E025 of 2025 (Consolidated)) [2025] KEELRC 1203 (KLR)
The bottom line
#Kenya's Employment Court ordered Kenyatta University to reinstate Prof Wainaina as Vice Chancellor, ruling his contract runs to January 2026 despite his reaching retirement age.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.What is the length of the petitioner's contract with the respondent Kenyatta University Council as Vice Chancellor
- 2.What is the nature of the contract between the petitioner as professor with Kenyatta University
- 3.Whether the contract between the petitioner and the Kenyatta University is governed by the CBA between the UASU and the respondent Kenyatta University of 2013-2017
- 4.Whether the petitioner proceeded on his annual and sabbatical leave as per the respondent's HR manual
- 5.What remedies to grant in the circumstances of this case
Key legal issues
#Whether the petitioner's contract as Vice Chancellor runs to 26th January 2026 notwithstanding his attaining the mandatory retirement age of 75 years on 15th July 2025
The court found the petitioner has two contracts: as Vice Chancellor ending 26th January 2026 and as Professor ending 30th June 2026, and ordered that he resume duty and complete his tenure as Vice Chancellor per his contract.
The court accepted that the petitioner attained retirement age on 15th July 2025 but held that under the terms of service for academic staff he ceases duty on the 30th June following retirement. The conciliators found the contract binding and should flow uninterrupted to January 2026. The court found two contracts exist and granted resumption of duty forthwith.
Whether the 2013-2017 UASU CBA governs the petitioner's employment
The court could not find that the 2013/2017 CBA does not apply because the 3rd respondent failed to produce the successor 2024 agreement for the court's appraisal.
The respondents claimed a fresh 2024 CBA replaced the 2013-2017 CBA and set retirement at 74 years, but did not submit the said consultation agreement to court. Without evidence of its contents, the court could not with certainty find the earlier CBA inapplicable.
Whether the petitioner proceeded on his annual and sabbatical leave per the HR manual
The court found the petitioner is currently serving his leave but the exact number of days could not be ascertained absent evidence.
The court noted the petitioner's own letter of January 2025 shows he is on leave. However, no documentary evidence was produced to quantify the leave days, so no definitive finding on the quantum of leave entitlement was possible.
Legal principles established
#- Where an employment contract exists and is admitted to be binding, the officer should be allowed to serve the remainder of the contract term.
- A public university officer serving on a contract appointment retains an underlying permanent and pensionable position as professor to which he reverts on expiry of the contract.
Court orders
#- 1.The petitioner/applicant Prof Wainaina should be allowed to resume duty forthwith and complete his tenure as Vice Chancellor as per his contract.
- 2.The applicant should be allowed to revert back to his Professor's position upon termination of his Vice Chancellor's position until his retirement age.
- 3.The other pending issues be canvassed in the petition.
- 4.Costs in the petition.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 165 of the Constitution read together with Section 15 of the Employment and Labour Relations Court Act
- Consolidated with
- ELRC PET E022 of 2025; Kenya Universities Staff Union - Kenyatta University Branch v Kenyatta University and 2 Others, ELRCPET E025 of 2025; Council of Kenyatta University v The Public Service Commission and Another
Relief refused
#Payment of salaries and allowances from January 2026 up to June/July 2026 as a Professor under the CBA
The conciliators opined the CBA cannot apply while he is Vice Chancellor, but the court deferred remaining issues to the petition
Final determination of leave entitlements (annual, sabbatical, terminal leave)
The number of days could not be ascertained as no evidence was produced
Costs
Costs in the petition.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The petitioner/applicant Prof Wainaina should be allowed to resume duty forthwith and complete his tenure as Vice Chancellor as per his contract.
The applicant should be allowed to revert back to his Professor's position upon termination of his Vice Chancellor's position until his retirement age.
Indeed having analysed as above, I find that the petitioner has two (2) contracts with that of the Vice Chancellor running to 26th January 2026 and one of professor set to terminate on 30th June 2026.
The respondents however failed to submit the said consultation agreement before court in order for the court to review the same and appraise itself of its contents if at all.
The other pending issues be canvassed in the petition.
Costs in the petition.
Issues in the judgment
#Internal date inconsistency: the conciliation meeting is stated as reconvened on 27th March 2024 while the conciliation process occurred in March 2025
Inconsistent retirement dates stated: the petitioner is said to attain retirement age on 15th July 2025 and separately that he should retire on 1st July 2025; also the CBA clause cited says cessation 'on the next 30th June following' retirement which falls after 15th July 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wainaina v Principal Secretary Ministry of Education State Department for Higher Education & Research & 4 others (Petition E011, E022 & E025 of 2025 (Consolidated)) [2025] KEELRC 1203 (KLR)", Case Analysis (2025). ELRC Petition E011 of 2025 (consolidated with ELRC Pet E022 of 2025 and ELRC Pet E025 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1203/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.