A student from Kenyatta University has been awarded Ksh850,000 in compensation after a long legal struggle regarding missing marks that prevented her from graduating on time.
The High Court, through Justice L. N. Mugambi, delivered the ruling on May 22, 2025. The judge found that the university had violated the student’s constitutional rights by failing to release her Continuous Assessment Test (CAT) marks for the course unit UCU 104. The university was ordered to pay the amount in damages for the harm caused.
The student, who narrated her ordeal through a post on her social media platforms, stated that she had already completed more than the required 49 units needed for graduation.
Despite this, she was unable to graduate because her CAT marks for one of the units were never released.
According to court records accessed by Newshub.co.ke, the student filed her original petition on June 9, 2023. She later amended the petition on February 5, 2024.
In her submissions, she claimed that the university’s failure to release her marks was an unlawful and unfair administrative act. She added that it was a clear violation of her constitutional right to education.
In the petition, the student requested the court to declare that the actions of the university were not only illegal and unreasonable but also an abuse of administrative power.
She argued that the university’s actions were contrary to Article 47 of the Constitution of Kenya and several parts of the Fair Administrative Action Act.
Article 47 guarantees every Kenyan the right to administrative actions that are timely, fair, lawful, efficient, and reasonable.
It forms part of Chapter 6 of the Kenyan Constitution, which outlines principles of leadership, integrity, and fair administrative procedures.
In her social media post, the student also appeared to blame one of her lecturers, suggesting that the lecturer may have intentionally sabotaged her chances of graduating by withholding the CAT marks.
While reading the court’s verdict, Justice Mugambi agreed with the student’s arguments and ruled that her constitutional rights had indeed been violated. The judge stated:
“A declaration is hereby issued that the actions of the 1st and 2nd respondents and/or their agents are unfair, irrational, illegal and unconstitutional for contravening Article 47 of the Constitution and the petitioner’s legitimate expectation.”
In addition to awarding the student Ksh850,000 for the psychological and academic distress caused, the court also directed the university to ensure that she is listed in the institution’s next graduation ceremony. This ruling aims to rectify the delay in her academic progress and bring the matter to a close.
The case has drawn attention to how administrative negligence in educational institutions can have serious consequences on students’ futures and highlights the importance of upholding constitutional rights in such matters.
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