High Court Orders Kenyatta University to Pay Student KSh850,000 for Missing Marks, Mandates Graduation
Kenyatta University has been directed by the High Court to pay KSh850,000 in damages to a former student, Nyambura Kimani, after it failed to release marks from a continuous assessment test (CAT), thereby blocking her graduation. The court also ordered the university to include Ms Kimani in the next graduation list, citing violations of her constitutional rights and administrative justice. The ruling, delivered by Justice Lawrence Mugambi in May 2025, is a landmark decision likely to set precedent on the recurring issue of “missing marks” in Kenyan universities.
The court’s decision comes after a prolonged two-year legal battle initiated by Nyambura Kimani against Kenyatta University and her lecturer, Dr Linda Kimencu. At the heart of the dispute was the university’s failure to release CAT marks for a unit titled UCU 104, effectively preventing Ms Kimani from graduating despite her having completed the required academic coursework.
Ms Kimani, who enrolled in Kenyatta University in September 2009 to pursue a Bachelor of Commerce in Marketing, completed her coursework by December 2013. However, missing marks in seven units delayed her graduation. Over time, she resolved six of these discrepancies, with UCU 104 remaining unresolved.
In the 2020/2021 academic year, she re-registered for the unit and was unable to sit for the CAT online due to technical challenges. Upon informing Dr Kimencu, she was scheduled to take a physical CAT on February 19, 2021—a session she attended. Despite resubmitting her CAT by email in June 2022, the university claimed that the marks had not been received or recorded.
Legal Proceedings and Findings:
Ms Kimani filed the case in June 2023, asserting that the failure to record her CAT marks had violated her constitutional rights, particularly her right to fair administrative action as enshrined in Article 47 of the Constitution of Kenya. She also maintained that UCU 104 was no longer a mandatory unit under her curriculum and that she had already surpassed the university’s 49-unit requirement by completing 51 units.
Her affidavit detailed a troubling encounter in December 2022, during which she claimed she was summoned to a university boardroom, reprimanded by lecturers for pursuing legal action, and informed that the unit would not be withdrawn due to her legal challenge.
In response, the university, represented by Registrar Prof Bernard Kivunge, argued that Ms Kimani had failed to attend virtual classes, complete group assignments, and sit for both the CAT and final examination. The university also questioned whether she had followed proper procedures in attempting to resolve the matter internally, pointing to lapses in formal communication.
However, Justice Mugambi dismissed the university’s defence, noting that Kenyatta University failed to provide any documentation to support its claims. There was no list of students who had submitted CAT scripts or any evidence disproving Ms Kimani’s attendance on February 19, 2021.
“Given the petitioner’s physical presence in the classroom and her insistence that she in fact sat for the CAT, this court finds it very difficult to disregard this evidence without any credible rebuttal being offered,” stated Justice Mugambi.
Violation of Rights and Institutional Accountability:
The court held that both Kenyatta University and Dr Kimencu had not only failed in their administrative duties but had also violated Ms Kimani’s constitutional rights. The judge emphasized that the denial of graduation despite Ms Kimani completing more units than required was irrational and unjustifiable.
“It cannot be reasonable to have a student sit for a test and, for reasons known only to the lecturer, fail to release her results and instead blame the student,” Justice Mugambi noted. He further dismissed the university’s claim that Dr Kimencu was shielded from responsibility by virtue of her acting in an official capacity.
The judge pointedly criticized the institution for victimizing Ms Kimani for seeking legal redress, rather than establishing a transparent and fair process for resolving disputes about academic records.
Implications and Precedent:
The ruling carries far-reaching implications for Kenya’s higher education sector, where the issue of “missing marks” has historically delayed thousands of graduations. Students are often left in academic limbo due to bureaucratic inertia or lack of accountability from lecturers and university administrations.
Justice Mugambi’s judgment sets a significant precedent, indicating that institutions can no longer arbitrarily deny students their academic rights without facing legal and financial consequences. By awarding KSh850,000 in damages and mandating that Ms Kimani be included in the next graduation list, the court has sent a strong message affirming the legal obligations of academic institutions.
The award is also seen as compensation for the prolonged psychological stress Ms Kimani endured. In her affidavit, she revealed that the ordeal led to serious emotional distress, including a miscarriage, which she attributed to the mental anguish caused by the prolonged battle for academic recognition.
Outlook and Reactions:
Legal analysts have praised the ruling as a step toward holding public institutions accountable and protecting students’ rights. Education stakeholders have called for policy reforms to ensure timely release of marks and establishment of independent academic grievance redressal mechanisms.
“This judgment emphasizes the critical need for universities to maintain proper record-keeping, respect due process, and treat students with dignity,” said David Mbote, a legal scholar and higher education policy consultant.
Meanwhile, students across various public universities have expressed renewed hope that similar grievances will now be taken more seriously. The Kenya University Students Organisation (KUSO) issued a statement urging the Ministry of Education to issue guidelines that hold lecturers and administrators accountable for negligence or malfeasance.
As for Ms Kimani, the ruling finally brings closure to a legal and emotional saga that lasted over a decade. She is now poised to receive her degree at the university’s next convocation, marking the end of a battle that she described as “a fight for dignity, not just graduation.”
With the High Court’s ruling, Kenyatta University is now compelled to not only compensate a former student for administrative failures but also to take concrete steps to prevent recurrence. The judgment is poised to reshape university-student dynamics in Kenya, potentially leading to stricter academic accountability standards and a clearer path to justice for aggrieved learners.
The university’s next course of action, whether to appeal the judgment or comply fully, will be closely watched by education stakeholders and the public alike. Regardless of the decision, the message from the court is clear: academic institutions must operate within the bounds of fairness, legality, and administrative justice.
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High Court Orders Kenyatta University to Pay Student KSh850,000 for Missing Marks, Mandates Graduation
High Court Orders Kenyatta University to Pay Student KSh850,000 for Missing Marks, Mandates Graduation