The University of Nairobi has been ordered to pay Sh3 million to a graduate whose name was removed from the graduation list on the day she was due to receive her degree.
High Court Justice Lawrence Mugambi ruled that the university violated the constitutional rights of Marceline Murono by excluding her from the final graduation booklet without warning or giving her a chance to explain her case.
Murono had already been cleared to graduate. She had received a graduation gown and attended the official rehearsal the day before the ceremony.
She discovered that something was wrong only on the morning of December 15, 2023, when a digital copy of the graduation booklet was shared in her class WhatsApp group.
The university had not told her beforehand that her name had been removed.
Justice Mugambi said the decision caused Murono significant embarrassment and emotional distress, particularly because she had invited family members, friends and colleagues to celebrate the occasion.
He said the university’s actions failed to meet the standards of fair administrative action guaranteed by the Constitution.
The university argued that Murono had used the wrong form during clearance and had also made a payment to an incorrect university account.
But the judge found that the explanation did not withstand the evidence presented in court.
Among the evidence was correspondence showing that Murono had contacted a university finance officer on November 22, 2023, and provided her registration details while trying to resolve the payment issue.
Justice Mugambi also dismissed the university’s argument that Murono should have exhausted internal mechanisms before going to court.
“In my view, the respondents’ claim to the existence of alternative remedies in the circumstances of this case only exists on paper,” Justice Mugambi said.
“Factually, they collapse on evidence.”
The court declared that Murono’s constitutional rights had been violated and awarded her Sh3 million in compensation.
The university was also ordered to issue her with an unconditional apology within 30 days of the judgment.
If it fails to do so, the compensation will increase by a further Sh1 million.
Murono was awarded an additional Sh24,000 in special damages.
The university has been given 30 days to stay execution of the judgment. Its lawyer told the court that he needed to seek instructions on whether the institution would appeal.
The ruling brings a legal consequence to a graduation-day ordeal that, according to the court, left Murono facing the humiliation of gathering her loved ones for a celebration that never happened as planned.
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