High Court orders Kenyatta University to pay student Sh850,000 over missing marks
High Court orders Kenyatta University to pay student Sh850,000 over missing marks
A former Kenyatta University (KU) student has won a significant legal victory against the institution, with a High Court ruling ordering KU to compensate her Sh850,000 for missing marks and ensure her inclusion in the next graduation ceremony.
The case, which has garnered attention across the country, highlights a long-standing problem within Kenyan universities, where students are often left in academic limbo due to lecturers failing to record or submit grades.
This administrative lapse has significant repercussions, leading to financial strain, lost employment opportunities, and, in some cases, the abandonment of academic aspirations.
Nyambura Kimani, the plaintiff in the case, enrolled at KU in September 2009 and completed her coursework by December 2013.
Despite fulfilling the academic requirements, she was unable to graduate due to missing marks in seven units. After persistent efforts, Nyambura successfully resolved discrepancies in six of the units.
However, one unit remained outstanding, preventing her from receiving her degree.
Nyambura’s legal battle began after she re-enrolled for the unit in the 2020/2021 academic year. She encountered technical difficulties during an online Continuous Assessment Test (CAT) and subsequently took a physical CAT on February 19, 2021, as scheduled by her lecturer, Dr. Linda Kimencu. Despite completing the examination, KU later informed Kimani that her marks had not been recorded.
In June 2022, Nyambura resubmitted her completed CAT via email, but the university remained unresponsive. Frustration grew when the university suggested in December 2022 that she withdraw from the unit, asserting that it was no longer a mandatory component of her course.
Nyambura described the profound distress caused by KU’s refusal to acknowledge her academic progress, arguing that the institution’s failure to award her marks subjected her to mental anguish and resulted in a miscarriage.
She alleged that her petition for resolution was met not with empathy but with humiliation. After submitting a withdrawal letter to the Registrar of Academics, Kimani was reportedly summoned to a boardroom and chastised by lecturers for challenging the institution.
Nyambura took her case to court, arguing that she had surpassed the university’s graduation requirements by completing 51 units instead of the required 49, rendering the contested unit non-essential to her academic qualifications.
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Justice Mugambi concurred, ruling that KU’s refusal to recognise her valid coursework constituted a breach of her right to fair administrative action.
KU’s defence centred on claims that Nyambura had not attended required classes or completed assessments as stipulated. Registrar Bernard Kivunge stated that Kimani allegedly failed to participate in virtual classes, attended only one physical lesson, and neglected group assignments.
KU further contended that certain correspondences from Nyambura lacked official acknowledgement and validation. Justice Mugambi rejected the university’s explanations, citing a lack of concrete evidence disproving Nyambura assertions. He noted that KU did not provide records confirming which students had sat for the CAT or documentation verifying their grading process. Given Nyambura’s documented presence in the classroom on the scheduled CAT date and her insistence that she submitted the assessment, the court ruled in her favour.
Justice Mugambi criticised KU for failing to objectively investigate the matter, accusing the institution of resorting to intimidation instead of offering a resolution. He denounced the university’s decision to victimise Nyambura rather than acknowledge its administrative failures.
Furthermore, Justice Mugambi held Dr. Kimencu personally accountable, stating that the lecturer could not evade responsibility by claiming to act within her official duties. He emphasised that individual accountability is paramount in cases where power is abused or malice is suspected.
The ruling mandates that KU facilitate Nyambura’s graduation at the earliest possible opportunity.
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