Court Orders Kenyatta University to Pay Student Sh850,000 Over Missing Marks

The High Court has ordered Kenyatta University to compensate student Nyambura Kimani with Sh850,000 for failing to release her Continuous Assessment Test (CAT) marks, which ultimately denied her the chance to graduate.

In a ruling delivered by Justice Lawrence Mugambi, the court also compelled the university to include Nyambura in the earliest graduation list, condemning the actions of both the institution and lecturer Dr. Linda Kimencu as “unfair, irrational, illegal and unconstitutional.”

The judge ruled that their conduct contravened Article 47 of the Constitution, which guarantees the right to fair administrative action, as well as Nyambura’s legitimate expectations.

Nyambura had petitioned the court, claiming that her CAT marks for the unit UCU 104 were deliberately withheld, despite her having completed over the minimum threshold of 49 units required for graduation.

She accused Kenyatta University and Dr. Kimencu of violating her rights through arbitrary and unjustified administrative decisions. Her case emphasized the violation of Articles 28 and 47 of the Constitution and Sections 4, 5, and 7 of the Fair Administrative Actions Act.

The court found in her favour, ruling that the university’s actions denied her the right to inherent dignity and protection from abuse of administrative power.

The landmark ruling could have wider implications for students who face similar bureaucratic challenges in higher education institutions across Kenya, as it sets a precedent on the importance of fair and timely academic evaluations.

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Court Orders Kenyatta University to Pay Student Sh850,000 Over Missing Marks