Graduate wins Sh3m after UoN drops her name from graduation list

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The University of Nairobi (UoN) has been ordered to pay a former student Sh3 million after the High Court found that it violated her constitutional rights by removing her name from the graduation list on the graduation day.

Justice Lawrence Mugambi ruled that Marceline Murono was subjected to humiliation, psychological distress and indignity after the university excluded her from the final graduation booklet without informing her or giving her an opportunity to explain herself.

The court found that the university had, in fact, cleared Murono for graduation. She had been issued with a graduation gown and attended the official rehearsal on December 14, 2023, a day before the ceremony.

Murono only learnt that she would not graduate when a soft copy of the final graduation booklet was circulated in her class WhatsApp group on the morning of the ceremony.

Justice Mugambi said the university’s conduct amounted to a serious breach of her legitimate expectation, given that all indications before the ceremony were that she had been cleared to graduate.

“It is crystal clear from the record that for purposes of complying with the process of graduation, the respondent (UON) and for all purposes cleared the way for the petitioner to graduate on the 15th of December 2023,” the judge said.

The university argued that Murono had used an incorrect form during the clearance process and had also deposited money into the wrong university account.

The judge, however, rejected the explanation after examining evidence presented by Murono and another student.

The court found that Murono had contacted a university finance officer on November 22, 2023, providing her registration details in an attempt to resolve the payment issue.

Justice Mugambi held that the university should have communicated with her before taking the drastic step of removing her name from the graduation list.

The judge ruled that the university had violated Article 47 of the Constitution, which guarantees the right to administrative action that is lawful, reasonable, efficient and procedurally fair.

He also found that Murono’s rights to human dignity and protection from cruel, inhuman or degrading treatment under Articles 28 and 29 had been breached.

The impact of the decision was particularly severe because Murono had already invited family members, friends, relatives and colleagues to celebrate her graduation.

Instead of celebrating her academic achievement, she was left to explain why she would not graduate after those close to her had gathered for the occasion.

Justice Mugambi described the experience as a major blow to her dignity, noting that the humiliation she suffered in front of her family and friends had turned what was supposed to be a milestone into a painful disappointment.

“The totality of what the petitioner came to endure is enough to break even the strongest of spirits,” the judge said.

The court also dismissed UoN’s argument that Murono should have exhausted the university’s internal dispute-resolution mechanisms before filing the case.

Justice Mugambi found that although such mechanisms existed formally, they had not offered Murono a meaningful avenue for resolving her grievance.

“In my view, the respondents’ (UON) claim to the existence of alternative remedies in the circumstances of this case only exists on paper,” he said.

The judge consequently issued declarations that Murono’s constitutional rights had been violated and awarded her Sh3 million as compensation.

The university was also ordered to issue Murono with an unqualified written apology within 30 days.

Justice Mugambi warned that failure to apologise within the stipulated period would attract an additional Sh1 million, raising the compensation to Sh4 million.

Murono was further awarded Sh24,000 in special damages.

The university was granted a 30-day stay of execution after its lawyer told the court he needed to obtain instructions on whether the institution would appeal the judgment.

Reporting originally appeared via Bizna Kenya. Read the full source for additional context.