A Nairobi court has issued directions for an urgent hearing in a high-stakes bid to remove Kenyatta University’s Vice-Chancellor, Professor Paul Kuria Wainaina, from office for the remaining two months of his tenure.
The Employment and Labour Relations Court, upon reviewing a Certificate of Urgency and accompanying petition, directed on Thursday, 4th December that the case materials be served immediately for an inter parties hearing scheduled for 16th December 2025.
The petition, filed by alumni Elizabeth Chesang and Rosemary Wanjiru Gichuhi through their advocate Odhiambo E. Ouma of OG LLP, alleges that Prof. Wainaina has engaged in a series of “ultra vires” and nepotistic actions during his “lame-duck” period, essentially undermining governance standards at the public institution.
With his non-renewable term set to conclude on 26th January 2026, the applicants accuse the outgoing VC of exploiting his final months to make “midnight decisions” that contravene constitutional principles and established public policy.
The allegations in the case claim that Prof. Wainaina has flouted the Mwongozo Code of Governance for State Corporations, which applies to public universities. The petitioners contend that the code expressly prohibits a chief executive from participating in the recruitment of their successor to avoid conflict of interest and ensure an impartial transition. Despite this, they allege he unilaterally constituted a committee to develop recruitment criteria for the next vice-chancellor and has persistently interfered with the statutory mandate of the University Council.
Advocate Odhiambo E. Ouma, representing the petitioners starkly outlined the perceived danger, stating: “There is real danger that unless the honourable court urgently hears and determines the Petitioner’s Petition, the mismanagement afore stated will continue unabated and expose the University to a management crisis that is likely to erode its status and relegate the University into the pool of failed universities.”
He further detailed the rationale for swift court intervention, writing: “The current vice chancellor is in his final 2 months to completing his non renewable term…and has during his last 6 months in office made decisions that undermine the provisions of Chapter 6 of the Constitution and the public policy as established by Mwongozo.”
The court documents list a number of specific grievances. These include the alleged unlawful revocation of substantive office holders such as the Director of City Campus, the Dean of the Graduate School, and several registrars, replacing them with “his cronies, relatives despite the administrative staff wielding contracts with unexpired terms.”
The petition names the VC’s son, Jasan Mwirigi Kuria, his daughter-in-law, Mercy Cherotich, and a relative, Lawrence Kamau Njau, as beneficiaries of recent promotions. Furthermore, it challenges the extension of Professor Paul Owuor Okemo’s term as Acting Deputy Vice-Chancellor for Administration and Finance beyond the stipulated six-month period for acting appointments.
The petitioners argue this conduct has already precipitated a governance crisis, forcing the resignation of the University Council Chairperson, Dr Ben Chumo, and the Chairperson of the Human Resource Committee, thereby rendering the council “improperly constituted.”
In her supporting affidavit, the first petitioner, Elizabeth Chesang, framed the request within broader governance principles. “The 1st Respondent has unlawfully involved himself in substantive processes that undermine Chapter 6 of the Constitution,” she wrote. “Terminal leave is mandatory in State Corporations, ministries and universities precisely to prevent lame-duck opportunism and midnight governance, and to allow an impartial transition process.”
The petitioners are seeking several orders, including compelling Prof. Wainaina to proceed on terminal leave immediately, a temporary stay on all appointments and revocations made in the past six months, and the revocation of the Acting DVC’s extended appointment.
Principal Judge Byram Ongaya, after considering the application, issued the directive for an expedited hearing. “The Court has considered the nature of the application dated 01.12.2025 and the material filed herein and in absence of the parties direct that the same be served forthwith today for inter partes hearing on 16.12.2025 at 9.30am,” the order read. This sets the stage for a decisive legal confrontation just weeks before Prof. Wainaina’s scheduled departure.
