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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedCivil Appeal No. E055 of 2025 (as consolidated with Civil Appeal No. E096 of 2025)· [2026] KECA 1983 (KLR)

Professor John Sorana Akama v Kisii University, Kisii University Council & Dr. Sara Ruto

Court of Appeal
25 September 2026
ASAsike-MakhandiaHOH.A. OmondiLKL. Kimaru
5,192 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~21 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal ruled that a former Kisii University Vice-Chancellor could not 'revert' to a professorship he never held there, dismissing his entire claim.

What this practically means

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Executive summary

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This consolidated first appeal arose from an ELRC judgment in favour of Professor Akama, a former Vice-Chancellor of Kisii University who claimed a contractual right under Clause 31 to revert to a Full Professorship with his Vice-Chancellorial pay after his fixed term expired. The ELRC found the clause valid and the termination unlawful, and awarded compensation of Kshs. 2,109,051 plus commuter allowance and costs, but declined reinstatement. The appellant appealed against the refusal of reinstatement, salary arrears, specific performance and aggravated damages; the University respondents cross-appealed against the findings on Clause 31 and unlawful termination. The Court of Appeal allowed the cross-appeal and dismissed the appeal. It held that the appellant had never served as a Full Professor at Kisii University, having been a Moi University professor on unpaid leave; reversion presupposes a position previously held, and no such position existed, so Clause 31 was frustrated and incapable of performance. The letter of 3rd May 2023 was unauthorized and of no effect, the contract expired by effluxion of time on 11th June 2023, and no unlawful termination occurred. The ELRC judgment was set aside and the appellant's claim dismissed in its entirety, with each party bearing their own costs at both levels in light of the appellant's long service to the University.

Key legal issues

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01

Validity and enforceability of Clause 31

Holding

Clause 31 was valid as a term but incapable of performance: the appellant had never been a Full Professor at Kisii University and no appropriate faculty/school position existed to revert to; the clause was frustrated

Reasoning

The court identified pre-conditions: willingness to serve, availability of a teaching and research position, prior service as Full Professor at Kisii University, and consistency with a Ministry of Education circular. None was satisfied because the appellant's professorship lay at Moi University, on unpaid leave, and was restored there on expiry. Reversion is possible only to a previously held position.

p. 32
02

Whether employment was unlawfully terminated

Holding

The fixed-term contract expired by effluxion of time on 11th June 2023; there was no termination to impugn

Reasoning

Both the appeal and cross-appeal accepted the fixed-term nature of the Vice-Chancellorship. The letter of 3rd May 2023 was not authorized: Dr. Ndubi was not acting Chairperson and no such resolution was passed at the 73rd Council meeting. The 10th July 2023 letter merely declined the request and did not terminate employment.

p. 38
03

Remedies of reinstatement and damages

Holding

All remedies claimed were unavailable: no lawful employment contract subsisted and its existence was not proved to the required standard

Reasoning

Having held the contract ran its course and Clause 31 was frustrated, the court found no liability survived. The appellant had already been reinstated at Moi University and could not insist on reinstatement to a non-existent position at Kisii University; damages presuppose an unlawful termination which did not occur.

p. 38

Legal principles established

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  • On a first appeal the court re-evaluates the evidence and draws its own conclusions while making allowance for not having heard the witnesses
  • A contractual right to 'revert' to a position presupposes that the employee previously held that position; a clause reverting to a position never held is frustrated and unenforceable

Court orders

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  1. 1.The cross-appeal by the 1st and 2nd respondents in Civil Appeal No. E096 of 2025 is allowed
  2. 2.The judgment and decree of the ELRC delivered on 27th January 2025 is set aside and substituted with judgment of this Court dismissing the appellant's claim in its entirety
  3. 3.The appellant's appeal in Civil Appeal No. E055 of 2025 is dismissed
  4. 4.Each party to bear their own costs both before the ELRC and before this Court on appeal
On appeal from
Employment and Labour Relations Court of Kenya at Kisumu
ELRC Cause No. E048 of 2024
Jurisdiction invoked
First appellate jurisdiction over an appeal from the Employment and Labour Relations Court

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, "Professor John Sorana Akama v Kisii University, Kisii University Council & Dr. Sara Ruto", Case Analysis (2026). Civil Appeal No. E055 of 2025 (as consolidated with Civil Appeal No. E096 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1983/eng@2026-09-25

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