The University of Nairobi has been ordered to pay a graduate Sh3 million after the High Court found that the institution violated her rights by removing her name from the official graduation booklet on the morning of her ceremony.
Court Faults UoN Over Last-Minute Graduation Exclusion
Justice Lawrence Mugambi ruled that Marceline Murono was subjected to humiliation, psychological distress and indignity after the university excluded her from the graduation list without prior notice or a fair hearing.
The court found that UoN had effectively cleared Murono to graduate, issued her a graduation gown and allowed her to participate in the official rehearsal a day before the ceremony.
Murono only discovered that her name had been removed when a digital copy of the final graduation booklet was shared in her class WhatsApp group on the morning of the December 15, 2023 ceremony.
University’s Defence Rejected by High Court
UoN argued that Murono had used an incorrect clearance form and deposited fees into the wrong university account.
However, the court rejected the explanation after evidence showed that Murono had contacted a university finance officer on November 22, 2023, to resolve the payment issue.
Justice Mugambi also found that the university had failed to communicate its decision before the graduation ceremony, violating Murono's legitimate expectation that she would graduate after completing the necessary clearance process.
The judge further ruled that UoN's actions violated several constitutional protections, including:
- Article 47, which guarantees fair and lawful administrative action.
- Article 28, which protects human dignity.
- Article 29, which protects individuals from degrading treatment and psychological harm.
The court said the emotional consequences were particularly severe because Murono had already invited family, friends and colleagues to celebrate her graduation.
UoN Faces Sh4.024 Million Liability if It Fails to Apologise
The court awarded Murono Sh3 million in general compensation for the constitutional violations and an additional Sh24,000 in special damages.
UoN was also ordered to issue an unconditional apology within 30 days.
Failure to comply will trigger an additional Sh1 million penalty, potentially pushing the university's total liability to Sh4.024 million.
The court also rejected UoN's argument that Murono should first have exhausted internal grievance procedures, finding that the available mechanisms effectively existed only on paper.
UoN has been granted a 30-day stay of execution as its lawyers consider whether to appeal the decision.
The ruling sends a strong warning to universities and other public institutions that administrative decisions affecting students cannot be made arbitrarily, particularly after an institution has already represented that a student has met the requirements for graduation.
