By Andrew Kariuki
Kenya’s push to strengthen accountability in public institutions under the Mwongozo Code of Governance now sits at the heart of a fresh legal battle at Kenyatta University.
Mwongozo, introduced to enforce ethical leadership and professional management in State Corporations, demands transparency, independence and strict adherence to constitutional values, principles the petitioners say have been openly violated at the institution.
In Constitutional Petition No. E of 2025, filed at the Employment and Labour Relations Court in Nairobi, petitioners Elizabeth Chesang and Rosemary Wanjiru Gichuhi accuse Vice Chancellor Prof. Paul Kuria Wainaina of abusing his office as he approaches the end of his term on January 26, 2026.
Through their advocate, Odhiambo E. Ouma, the petitioners argue that the VC has refused to proceed on terminal leave, allegedly using his final months in office to irregularly promote and reorganize staff.
According to the petition, the VC made several high-level appointments and revocations without due process, allegedly favouring individuals linked to him.
The petition lists the promotions of Jason Mwirigi Kuria (his son), Mercy Cherotich (his daughter-in-law) and Lawrence Kamau Njau (a relative), all elevated to grade C/D.
The petitioners claim these actions breach the values of fairness, accountability and merit-based appointments required under both Mwongozo and the Constitution.
The petition further points to deep governance cracks within Kenyatta University’s leadership.
It states that the VC undermined the University Council’s authority, leading to the resignation of two key Council members; the Chairperson and the Chair of the Human Resource Committee, leaving the Council improperly constituted and unable to perform its oversight role effectively.
As a result, the petitioners seek several orders, including;
compelling the VC to immediately commence terminal leave, halting all staff appointments, promotions, and revocations made in the last six months of his term, revoking the continued appointment of Prof. Paul Owuor Okemo as acting DVC (Administration and Finance) beyond his initial six-month window from May 21, 2025, a review of all recent staffing changes involving directors, deans, registrars, and transferred administrative staff and reconstitution of the University Council in line with Mwongozo requirements
The matter was filed under urgency, and on December 4, 2025, the Employment and Labour Relations Court issued interim directions in ELRCPET/E253/2025.
Principal Judge Byram Ongaya ordered the application dated December 1, 2025, to be served immediately, setting the inter partes hearing for December 16, 2025 at 9:30 a.m.
The case now places Kenyatta University’s top leadership under intense scrutiny and sets the stage for a significant test of how far Mwongozo’s governance principles can be enforced in practice.
