Court Rejects John Akama’s Return to Kisii University, Quashes KSh2.1Million Award

Professor John Sorana Akama lost his bid to return to Kisii University after judges found his contract had simply expired.

The Court of Appeal has overturned a KSh2.1 million award given to former Kisii University Vice-Chancellor Professor John Sorana Akama.

The judges dismissed his entire claim against Kisii University and two respondents.

The judgement was delivered in Kisumu on September 25, 2026.

The bench comprised Asike-Makhandia, Hellen Omondi and Luka Kimaru.

At the heart of the dispute was one word in Akama’s employment contract: “revert”.

Akama argued that the word guaranteed him a professorial position after leaving the Vice-Chancellorship.

Kisii University took a different position, saying he could not return somewhere he had never worked.

The appellate judges ultimately accepted the university’s interpretation.

The Contract

Akama served as Kisii University’s Vice-Chancellor for two consecutive five-year terms, with his second tenure ending June 11, 2023.

His employment contract was executed on January 28, 2019, during his second tenure.

Clause 31 specified what would happen when his Vice-Chancellor contract ended.

It provided that he would return to teaching and research as a Full Professor, subject to his willingness to continue.

The clause also preserved salary and housing benefits under government circulars.

Akama expressed his willingness to continue serving before his tenure ended.

According to his case, the University Council subsequently approved his return.

A May 3, 2023 letter purported to communicate that decision and appoint him CEHET project coordinator.

That communication later became central to the litigation.

The Dispute

On July 10, 2023, Dr Sara Ruto wrote to Akama rejecting his request to continue teaching.

Akama treated that decision as unlawful termination and sued Kisii University, its Council and Ruto.

He sought reinstatement, salary arrears, damages and declarations concerning unfair termination.

He argued that the university had breached Clause 31 of his employment contract.

The university presented a different account, saying Akama’s fixed-term contract had simply expired.

It also argued that Akama had never been a Full Professor at Kisii University.

Before joining Kisii University, Akama had been a Full Professor at Moi University and proceeded on unpaid leave.

After his Kisii tenure ended, Moi University restored his professorial employment.

That distinction would eventually determine the appeal.

The First Ruling

Justice Jacob Gakeri initially found in Akama’s favour, holding that Clause 31 formed part of the binding contract.

The ELRC found that Akama had expressed willingness to continue serving and was unlawfully terminated.

However, the court declined to order reinstatement or salary arrears.

Akama was instead awarded three months’ gross salary, which amounted to KSh2,109,051, in addition to commuter allowance and costs.

The ELRC rejected his claims for reinstatement and aggravated damages.

Both sides appealed, with Akama seeking broader remedies while the university challenged the judgement.

The Fatal Word

The appellate judges agreed that Clause 31 appeared in Akama’s contract but examined its conditions.

They found that an appropriate academic position had to exist within the university.

Most importantly, Akama needed a professorial position to which he could return.

That requirement proved fatal because Akama had never served as a Full Professor at Kisii University.

His professorial position had instead been at Moi University, where his employment was restored after Kisii.

The appellate judges rejected the claim that he could “revert” to Kisii University.

They found that “there was no such position available” for him there.

The court said Akama could only return to a professorial position previously occupied.

The judges also rejected the May 3 appointment, finding the CEHET coordinator position did not exist.

They further found that Dr Bob Ndubi lacked authority to issue the appointment letter.

That finding removed another foundation for Akama’s claim.

Contract Expired

The Court of Appeal found that Akama’s Vice-Chancellor contract had run its course.

The judges determined that there was no unlawful termination requiring compensation, and they found that unfulfilled conditions frustrated Clause 31.

The judges found no valid appointment creating a continuing employment relationship at Kisii University.

They consequently rejected Akama’s claims for damages, salary and allowances after June 2023.

The court allowed the university’s cross-appeal and dismissed Akama’s appeal.

It set aside the January 27, 2025, ELRC judgement and dismissed Akama’s claim in full.

The KSh2.1 million award therefore fell away, along with the commuter allowance and other reliefs.

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However, the judges ordered each party to bear its own costs, citing Akama’s long service.

The ruling ultimately turned on a simple contractual distinction.

Akama had a professorial position at Moi University but never held one at Kisii University.

For the appellate judges, that made “reversion” to Kisii University legally impossible.

His Vice-Chancellor contract therefore ended with its fixed term, closing the dispute.

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