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ELRCPartially AllowedELRC Cause No. E314 of 2026

Prof. Wangari Mwai v Presbyterian University of East Africa

Employment and Labour Relations Court of Kenya
6 October 2026
6,418 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court blocked a university from permanently filling its Vice Chancellor post while a dismissed professor's reinstatement case is decided.

What this practically means

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Executive summary

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Prof. Wangari Mwai, formerly Vice Chancellor of the Presbyterian University of East Africa, moved the ELRC by Notice of Motion dated 25th March 2026 seeking temporary injunctions restraining the University from appointing, installing or presenting any person as Acting or substantive Vice Chancellor, production of Council and disciplinary records, maintenance of the status quo ante, and costs. She was summarily dismissed on 6th March 2026 for alleged gross misconduct after a disciplinary process, and an Acting Vice Chancellor was appointed on 11th March 2026, one day after her advocates protested and demanded status quo. She argued her dismissal breached her contract (six months' notice under the Statutes), Sections 41, 44 and 45 of the Employment Act and Article 47, and that the acting appointment was a bad-faith fait accompli that would render her reinstatement claim nugatory. The Respondent, through the affidavit of its HR Officer Lucy Wairimu, countered that the prayers were overtaken by events, that injunctions cannot issue against past events, that discovery was premature, and that the claimant had no prima facie case, no irreparable injury (her claim being liquidated) and faced a balance of convenience against her. Justice Hellen Wasilwa, in a brief ruling, held that the position had not been substantially filled since the occupier was only acting, that the respondent would suffer no harm from the orders, and that the injunction was necessary to avoid rendering the claim nugatory. She allowed the application, issuing an injunction against any appointment of a Vice Chancellor pending determination of the claim, and also granted the documents sought in prayer 4, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application is overtaken by events given the appointment of an Acting Vice Chancellor
  2. 2.Whether the Applicant has established a prima facie case with a probability of success
  3. 3.Whether the Applicant would suffer irreparable injury not compensable by damages
  4. 4.Where the balance of convenience lies
  5. 5.Whether the documents sought in prayer 4 should be produced

Key legal issues

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01

Whether the interlocutory injunction is defeated by the acting appointment of a new Vice Chancellor

Holding

No - the office has not been substantively filled, so the injunction does not act in vain and preserves the claim

Reasoning

The court accepted the claimant's position that an acting appointment does not extinguish the office. Since the current occupier holds the office only in an acting capacity, restraining a substantive appointment does not overturn a completed event and causes the respondent no harm. Granting the orders avoids rendering the claim, whose primary relief is reinstatement, nugatory.

p. 31
02

Whether the claimant demonstrated a prima facie case and irreparable harm

Holding

Implicitly satisfied - the court found the orders reasonable without expressly analysing each Giella limb

Reasoning

The court did not conduct a step-by-step Giella analysis. It reasoned from the undisputed dismissal, the claim for reinstatement, and the acting nature of the replacement appointment, concluding that the respondent would suffer no harm if the orders issued and that the claim would otherwise be rendered nugatory.

Legal principles established

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  • Where the position sought to be protected has only been filled in an acting capacity, granting an injunction causes the respondent no harm and preserves the substratum of the claim

Court orders

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  1. 1.An injunction restraining the Respondent, its council, board of trustees, agents or servants from appointing, designating, installing or presenting any person as Vice Chancellor of the Respondent's University pending the hearing and determination of the claim
  2. 2.The documents sought in prayer 4 of the application to be granted as prayed
  3. 3.Costs of the application in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 3, 12 and 20 of the Employment and Labour Relations Court Act; Articles 41, 47 and 50 of the Constitution

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

From the evidence of the respondents they have not substantially filled up the position of VC. The respondents will not suffer any harm if the orders sought are granted given the current occupier is still in an acting position.
p. 30acting appointment does not defeat injunctive relief
In order then not to render the entire claim nugatory and an academic exercise, I find the orders sought reasonable and I proceed to allow them to the extent that I order that an injunction do issue restraining the respondents
p. 31disposition - injunction granted
The documents sought in prayer 4 of the application be granted as prayed. Costs of this application shall be in the cause.
p. 31final orders - production of documents and costs

Issues in the judgment

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material

Court grants prayer 4 (documents) although the claimant expressly abandoned it at the hearing

minor

Case name misspelled in the title as 'UNIVERISTY'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Prof. Wangari Mwai v Presbyterian University of East Africa", Case Analysis (2026). ELRC Cause No. E314 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2760/eng@2026-10-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.