The University of Nairobi has been ordered to pay a graduate KSh3 million after a High Court judge found that the institution violated her constitutional rights by removing her name from the graduation list on the morning of her graduation ceremony.
Justice Lawrence Mugambi ruled that Marceline Murono was subjected to humiliation, psychological distress and a loss of dignity after the university excluded her from the final graduation booklet without warning.
Murono had already been cleared to graduate. She had received a graduation gown and attended the official rehearsal on the eve of the ceremony.
“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,” Justice Mugambi said.
Murono discovered that something had gone wrong only after a digital copy of the graduation booklet was shared in her class WhatsApp group on the morning of the ceremony.
The court found that the university had not told her in advance that her name would be removed or given her an opportunity to respond.
“There had been no prior communication of any kind as to this outcome,” the judge said, describing the decision as a disregard of her legitimate expectation that she would graduate.
The university had argued that Murono used the wrong form during the clearance process and paid money into the wrong university account.
But the judge rejected that explanation after considering evidence presented by Murono and another student.
The court found that Murono had contacted a university finance officer on November 22, 2023, and supplied her registration details while trying to resolve the payment issue.
Justice Mugambi said the university’s actions amounted to a violation of Article 47 of the Constitution, which protects 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 had been violated.
The emotional impact, the judge said, was made worse by the fact that Murono had invited family members, friends, relatives and colleagues to celebrate what was expected to be an important milestone.
“The enormous shame and embarrassment she was put through in the eyes of her own family and friends of having to meet and eat in celebration of nothing was an anticlimax that had a serious dent on her inherent dignity,” Justice Mugambi said.
“The totality of what the petitioner came to endure is enough to break even the strongest of spirits,” he added.
The university also argued that Murono should have exhausted its internal dispute-resolution mechanisms before taking the matter to court.
Justice Mugambi rejected that argument, saying the available mechanisms had not provided her with meaningful redress.
“In my view, the respondents’ claim to the existence of alternative remedies in the circumstances of this case only exists on paper,” he said.
“Factually, they collapse on evidence.”
In addition to the KSh3 million compensation, the court awarded Murono KSh24,000 in special damages.
The university was also ordered to issue her with an unconditional apology within 30 days.
If it fails to do so, the compensation will increase by a further KSh1 million.
The university has been granted a 30-day stay of execution as its lawyer seeks instructions on whether to appeal the judgment.
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