Kenyatta University Ordered to Pay Sh850,000 for Academic Negligence.
Thousands of university students in Kenya face delays in graduating due to missing marks. Lecturers fail to submit grades, leaving students stranded. Many miss job opportunities, incur extra costs for retakes, or abandon their education.
A High Court ruling has now set a precedent. Kenyatta University (KU) must pay Sh850,000 to Nyambura Kimani for failing to release her marks from a Continuous Assessment Test (CAT). The university must also include her in the next graduation list and cover legal costs.
Nyambura enrolled at KU in 2009 and completed her coursework by 2013. However, she could not graduate due to missing marks in seven units. By 2020, she had resolved six, except for UCU 104.
She re-registered for the unit in 2020/2021 but missed the online CAT due to technical issues. Her lecturer, Dr. Linda Kimencu, scheduled a makeup CAT for February 19, 2021, which Nyambura attended.
Despite submitting her CAT again via email in June 2022, KU informed her that the marks were never recorded.
In December 2022, KU advised her to withdraw the unit, claiming it was no longer mandatory.
Nyambura argued that she had completed 51 units, exceeding KU’s graduation requirement of 49 units. She claimed the refusal to let her graduate caused emotional distress, including a miscarriage.
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KU defended itself, stating she missed mandatory classes and did not complete both the CAT and final exam. The university also questioned whether she followed the correct complaint channels.
Justice Lawrence Mugambi ruled in Nyambura’s favor. He confirmed she was physically present during the makeup CAT and KU failed to provide evidence to counter her claim.
The judge declared KU’s actions unfair, irrational, and unconstitutional. He criticized the university for intimidating and victimizing Nyambura instead of resolving her complaint.
Justice Mugambi emphasized that Dr. Kimencu could not absolve herself of blame. He ruled that both KU and the lecturer violated Article 47 of the Constitution, which guarantees fair administrative action.
This case sets a legal precedent for students facing missing marks. Universities must now treat such cases seriously or risk financial and legal consequences.
KU must now pay damages, include Nyambura in the next graduation list, and ensure fair academic processes moving forward.
Kenyatta University Ordered to Pay Sh850,000 for Academic Negligence.