The University of Nairobi (UoN) has been ordered to pay a graduate KSh3 million after the High Court found that the institution violated her constitutional rights by removing her name from the graduation list on the day of her ceremony.
Justice Lawrence Mugambi also directed the university to issue Marceline Murono with an unqualified apology within 30 days.
The judge warned that the compensation would increase by KSh1 million if UoN fails to comply with the order.
Graduate Removed From List on Graduation Day
The court heard that Murono had been cleared to graduate, issued with an official graduation gown and allowed to attend the graduation rehearsal on December 14, 2023.
However, on the morning of the graduation ceremony, she discovered that her name had been removed from the final graduation booklet after a soft copy was shared in her class WhatsApp group.
Justice Mugambi found that the university had removed her name without informing her or giving her an opportunity to explain or respond to the decision.
University Cited Clearance and Payment Issues
UoN argued that Murono had used the wrong clearance form and made a payment to an incorrect account.
The judge, however, rejected the explanation, noting that Murono had contacted a university finance officer on November 22, 2023, provided her registration details and sought assistance in resolving the payment issue.
The court found that the university should have followed a fair administrative process before taking action against the graduate.
Court Finds Constitutional Rights Violated
Justice Mugambi ruled that UoN’s actions violated Article 47 of the Constitution, which guarantees every person the right to fair administrative action.
The court also found that Murono’s rights to human dignity and protection from cruel, inhuman or degrading treatment had been violated.
The judge said the university’s decision caused Murono significant humiliation and emotional distress, particularly because she had already invited her family, friends and colleagues to celebrate her graduation.
UoN Ordered to Pay Additional Damages
Besides the KSh3 million constitutional compensation, Murono was awarded KSh24,000 in special damages.
The judge also dismissed the university’s argument that Murono should first have exhausted internal dispute-resolution mechanisms.
Justice Mugambi found that the available internal remedies would not have provided her with meaningful redress in the circumstances.
UoN has, however, been granted a 30-day stay of execution after its lawyer informed the court that the institution intended to pursue further legal action.
