The University of Nairobi has been ordered to pay graduate Marceline Murono 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 she was scheduled to graduate.
Murono was among students cleared to graduate during the university’s 70th graduation ceremony held on December 15, 2023. The court heard that she had completed the required clearance, received a graduation gown and attended the official rehearsal on the eve of the ceremony.
However, her name was later removed from the final graduation booklet without prior communication. Murono only discovered the change on the morning of the graduation after a soft copy of the booklet was shared in a class WhatsApp group.
Justice Lawrence Mugambi found that the university failed to inform Murono about the decision or give her an opportunity to respond before removing her name. The judge said the action violated her right to fair administrative action.
The university had argued that Murono used the wrong form during the clearance process and made a payment through an incorrect university account. However, the court rejected the explanation after reviewing evidence presented during the case.
The court heard that Murono had contacted a university finance officer on November 22, 2023, and provided her registration details in an effort to resolve the payment issue. Justice Mugambi said the university had not communicated to her that the issue could prevent her from graduating.
The judge ruled that the university had violated Article 47 of the Constitution, which protects the right to lawful, reasonable, efficient and procedurally fair administrative action.
The court also found that Murono’s rights to human dignity under Article 28 and protection from cruel, inhuman or degrading treatment under Article 29 had been violated.
Justice Mugambi noted that Murono had invited family members, relatives, friends and colleagues to celebrate her graduation. Being excluded on the actual day therefore caused embarrassment and affected her dignity.
The university also argued that Murono should have exhausted its internal dispute-resolution procedures before going to court. However, the judge rejected this argument, saying the available mechanisms had not provided meaningful redress in the circumstances.
In addition to the Ksh3 million compensation, the university was ordered to pay Murono Ksh24,000 in special damages and issue her with an unqualified apology within 30 days.
The court further directed that if the apology is not issued within the given period, the compensation will increase by another Ksh1 million.
The University of Nairobi was granted a 30-day stay of execution after its lawyer told the court that instructions were being sought on whether to appeal the judgment.