Court orders Kenyatta University to pay student Sh850,000 over missing marks
The court further compelled the University to include Nyambura in the earliest graduation list.
The High Court has ordered Kenyatta University to pay a student Sh850,000 for failing to release her continuous assessment test marks, hence denying her the chance to graduate.
In a ruling delivered by Justice Lawrence Mugambi ordered the university, together with the lecturer Dr Linda Kimencu to pay Nyambura Kimani for violation of her rights to fair administration.
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The court further compelled the University to include Nyambura in the earliest graduation list.
"The actions of the university, Kimencu and their agents were unfair, irrational, illegal and unconstitutional for contravening Article 47 of the constitution and Nyambura's legitimate exactions," the judge ruled.
In her petition, Nyambura had argued that KU and Kimencu had refused to release her Continuous Assessment Test (CAT) marks for the unit UCU 104.
The court further heard that the lack of marks blocks her from graduating despite having exceeded the minimum threshold of 49 units required for one to be allowed to graduate.
She contended that KU's actions are in direct violation of her constitutional rights and in breach of legitimate expectation.
The student accused Kenya University and her lecturer of being unfair, unreasonable and irrational.
She also argued that the move was illegal and was made in abuse of power and in contravention of Article 47 of the Constitution and Sections 4, 5 & 7 of the Fair Administrative Actions Act.
The student sought the court's declaration of her right to inherent dignity and the right to have that dignity respected and protected was violated by the respondents in contravention of Article 28 of the Constitution.
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