A Jomo Kenyatta University of Agriculture and Technology (JKUAT) student who spent over five years unable to graduate after the university lost his marks has won a court battle that ended with a judge ordering the institution to release his degree certificate and pay him Ksh 100,000 in damages.
Abraham Kyulu Mutua, who studied Bachelor of Science in Economics at JKUAT’s School of Business, completed his coursework in December 2019 but has since been locked out of graduating over missing marks that the university has failed to resolve.
Mutua told the High Court at Siaya that when he first followed up on his graduation status, a departmental administrator informed him he had two missing marks in first-year units, blaming a system update, and assured him the matter would be sorted out. It never was.
When he returned to follow up, departmental reshuffles had brought in new administrators who presented a far more alarming picture, claiming he had missing marks across multiple units including Business Studies, Calculus, Communication Skills, Welfare Economics, Advanced Statistics for Economists, all Year 3 Semester 2 units, and all his Fourth-Year units.
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A university official later assured Mutua that his results were intact and would be forwarded to the Examination Officer. No update was ever made to his student record.
JKUAT’s own letter dated December 17, 2019, signed by the department’s Project and Attachment Co-ordinator, confirmed that Mutua had completed his studies and was due to graduate in June 2020. The letter had been written to help him secure an internship placement.
That confirmation made the university’s subsequent inaction harder to explain. JKUAT did not file a response to Mutua’s petition, did not appear in court, and did not respond to a demand notice sent by his advocate before the case was filed.
Justice David Kemei found that the university had violated Mutua’s constitutional rights to dignity, access to information, education and fair administrative action. The judge also found JKUAT had breached the doctrine of legitimate expectation, having confirmed through its own officials that Mutua had met all graduation requirements.
“The petitioner has suffered significant prejudice arising from the respondent’s unlawful inaction, including emotional distress, loss of dignity, denial of opportunities for employment and further education, and prolonged uncertainty about his academic standing,” Justice Kemei said.
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The court ordered JKUAT to update Mutua’s academic records, include him in the next graduation list, and issue his degree certificate immediately. The university was also ordered to pay him Ksh 100,000 in general damages and meet the costs of the petition.
Mutua had originally sought Ksh 300,000 in damages. The court, however, settled on Ksh100,000, noting that his advocate had not made specific submissions on the quantum of damages, and that the primary relief he sought was his certificate, not compensation.
By Benedict Aoya
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