Embattled Kenyatta University VC Prof.Wainaina reinstated by court

In a land dispute that pitted State House against the University, Prof. Wainaina had filed a lawsuit through his attorney, Manwa Hosea, after the University Council was disbanded and his tenure was put on hold.

Prof. Wainaina's suspension was temporarily barred by Justice Jacob Gakeri, who also ordered that the case be brought before any judge on July 28 for a hearing involving the two parties.

“Pending the hearing and determination of this application inter-parties, this honourable court is pleased to issue a temporary order suspending the implementation of the decision contained in the letter dated July 12 by Professor Crispus Kiamba in toto suspending, terminating and/or dismissing the petitioner from the Office of the Vice-Chancellor, rendering his position vacant and/or revoking his salary,” Justice Gateri ruled.

In two letters dated July 4 and July 7, Head of Public Service Joseph Kinyua instructed Prof. Wainaina to give up the title for Kenyatta University LR No. 1102/26 so that the Ministry of Lands and Planning could seize a portion of the land as ordered by the Cabinet.

Prof. Wainaina's legal team subsequently filed a lawsuit, arguing that the directive from the Head of Public Service was illegal because the University Council is the only body that has the authority to dismiss a vice chancellor.

“The Head of Public Service continues to act in a manner that completely flouts the provisions of law on the rights of the applicant and continues to breach his rights to fair labour practices,” the lawyer,  Hosea was quoted by the Nation as saying. 

“An injustice has been  done upon the applicant herein and this honorable court should remedy the said injustice by the Head of Public Service by urgently staying the impugned suspension.”

Prof Wainaina also sought an injunction against Prof. Crispus Kiamba's decision to appoint Prof. Waceke Wanjohi as his replacement.

His legal team also asked the court to prevent the university from advertising the position and to stay the council's decision to suspend him for alleged gross misconduct and insubordination.

Prof. Wainanina, was sacked from his position following a dispute over the piece of land adjacent to Kenyatta University Teaching, Research and Referral Hospital, after President Uhuru Kenyatta warned that action would be taken against the institution’s management following contention the land that the government has allowed for the construction of the World Health Organization (WHO) African regional operations and logistics hub.

Prof. Wainaina disclosed that the push to remove him from office was triggered by his reluctance to cede the title deed of Kenyatta University land to the Ministry of Health.