A Kenyatta University student has secured a hefty payout after a prolonged battle over missing examination marks, which blocked her from graduating.
In a judgment delivered on May 22, 2025, Justice L. N. Mugambi ordered the university to pay the student Ksh850,000 after ruling that the university's failure to release the student's Continuous Assessment Test (CAT) marks for the unit UCU 104 was a violation of her constitutional rights.
The student, who shared her version of events on her social media, claimed she had completed more than the minimum threshold of 49 units required to graduate.
As per the court documents obtained by Kenyans.co.ke, the petitioner filed the initial petition on June 9, 2023. The petition was later amended on February 5, 2024.
The petitioner claimed the university’s defiance in releasing her CAT marks amounted to unlawful administrative action, further alleging that it infringed her right to education.
In her petition, the student sought several declarations from the court, including a finding that the actions of the university were “unfair, unreasonable, irrational, illegal” and made in “abuse of power.”
She also cited the university’s actions as contravening Article 47 of the Constitution and several provisions of the Fair Administrative Actions Act.
Chapter 6 (I) of the Constitution stipulates that “Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.”
In her social media post, the student also appeared to fault one of the university’s lecturers for allegedly frustrating her efforts to graduate.
While delivering the ruling in her favor, Justice Mugambi agreed with the petitioner’s arguments, stating:
“A declaration is hereby issued that the actions of the 1st and 2nd respondents and/or their agents are unfair, irrational, illegal and unconstitutional for contravening Article 47 of the Constitution and the petitioner’s legitimate expectation.”
Besides compensating the petitioner with Ksh850,000 in damages, the court also compelled the institution to include the petitioner in its earliest graduation list to resolve the academic setback.
