NAIROBI – The High Court has ruled in favour of Nyambura Kimani, a former student of Kenyatta University, in a widely followed constitutional petition against the university and one of its lecturers, Dr. Linda Kimencu.
Delivering judgment on May 22, 2025, the Milimani Law Courts declared that the university’s refusal to release Kimani’s marks for an elective course—UCU 104: Introduction to Entrepreneurship—was illegal, irrational, and a violation of her constitutional rights, effectively blocking her from graduating for years.
Kimani, who completed 51 academic units (well above the 49 required for graduation), had sued the institution for withholding her Continuous Assessment Test (CAT) marks without justification. Represented by Hussein Omar LLP, she accused the university and Dr. Kimencu of frustrating her academic progress and violating her legitimate expectation to graduate.
“The refusal to release her CAT marks amounted to unfair, unreasonable, irrational, and illegal administrative action,” read part of the 16-page judgment in case HCCHRPET/E197/2023.
Abuse of Power and Malice
The court found that Dr. Kimencu acted with malice and in clear abuse of power, stating that her actions were personally liable under the Constitution. It noted that Kenyatta University’s conduct contravened not only the Fair Administrative Actions Act but also the institution’s own academic handbook and policy documents.
Justice further held that Kimani’s right to education under Article 43(1)(f), her right to inherent dignity under Article 28, and her right to freedom of scientific research under Article 33(1)(c) had been infringed.
Court Orders and Damages
In a significant win for student rights, the High Court issued an order of mandamus compelling Kenyatta University to include Kimani in the upcoming graduation ceremony scheduled for July 2025. The court also awarded her KES 850,000 in damages for violation of her fundamental rights and ordered the university to cover all legal costs associated with the petition.
Reacting to the judgment on social media, Kimani wrote:
“After years of frustration where KU completely refused to let me graduate over a missing mark for an ELECTIVE unit, I decided to go to court… and WE WON.”
She thanked her legal team at Hussein Omar LLP and supporters who stood by her during the prolonged battle.
“The wheels of justice may turn slow, but they turn all the same,” she added.
Wider Implications
Legal experts are hailing the ruling as a landmark case that sets a precedent on administrative accountability within public institutions of higher learning. The case underlines the constitutional duty of universities to act fairly and within the law, especially when dealing with matters that directly affect students’ futures.
Kenyatta University has yet to issue an official response to the ruling.
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