In a powerful reaffirmation of judicial oversight over public appointments, the Employment and Labour Relations Court has stepped in to reverse decisions made by the Public Service Commission (PSC) and university councils, raising fresh questions about the transparency and legality of top-level academic appointments in Kenya.
In one of the rulings, the court ordered the reinstatement of Professor Paul Wainaina as Vice Chancellor of Kenyatta University, a post he was controversially removed from despite nearing the end of his term. The university’s Council had sent him on compulsory leave in April 2024, citing accumulated sabbatical days, and later extended it effectively pushing him out of office just months before his official retirement date in July 2025.
The court, however, ruled in Wainaina’s favour after he challenged the move, including an advertisement by the PSC seeking to fill his position. This comes after his earlier dismissal in 2022 on grounds of alleged gross misconduct a charge that continues to shadow his career.
In a separate ruling, Justice James Rika declared the PSC’s appointment of James Ole Nampushi as Deputy Vice Chancellor of Maasai Mara University unlawful. The court acted following a petition by Rolex Kimani Wakiaga, who questioned the authenticity of Ole Nampushi’s academic credentials.
These back-to-back rulings highlight growing judicial intervention in safeguarding institutional integrity and ensuring that procedures governing public appointments are strictly followed.
As questions mount over the processes employed by university councils and the PSC, legal experts say these rulings could have a chilling effect on irregular public sector appointments especially in the education sector, where leadership credibility is paramount.
