The High Court has ordered Maseno University to pay David Ayieko Ougo KSh800,000 in damages after finding that the institution violated his constitutional rights in a dispute over his academic records that prevented him from graduating.
In a judgment delivered on Thursday, October 15, 2026, Justice Gregory Mutai declared the university’s decision concerning Ougo unconstitutional, citing violations of his rights under Articles 47 and 43 of the Constitution.
Court documents indicate that Ougo filed the case after the university allegedly erased his entire academic record without his knowledge, leaving him unable to graduate.
The judge noted that Ougo had been denied his degree since December 2022, a period the court considered when determining the compensation payable.
Justice Mutai also observed that the case involved a second established violation of a similar nature by the same institution, despite an earlier judgment in Petition E242 of 2023, David Ayieko Ougo versus the Regional Institute of Business Management and four others.
“The petitioner is awarded general damages of KSh800,000 for the violation of his rights under Articles 47 and 43 of the Constitution,” the judge ruled, directing that the amount attract interest at court rates from the date of judgment until payment in full.
University given 60 days to review academic results
Beyond the financial award, the court directed Maseno University to reconsider the validity of Ougo’s examination results within 60 days, in accordance with Article 47 of the Constitution and the Fair Administrative Action Act.
The university must provide Ougo with written notice outlining its concerns about his results, alongside the investigation report dated October 6, 2023, his mark sheet and any other evidence it intends to rely on.
The court further ordered the institution to give him at least 14 days to respond in writing and submit supporting material in his possession.
Maseno must also provide him with an oral hearing and consider all relevant records held by the institution, including examination scripts and papers in the custody of its examination office.
Maseno told to issue transcript if results are verified
Justice Mutai directed the university to issue a written decision identifying any academic units that have been verified, explaining the findings and providing reasons for its determination.
The decision must be served on Ougo within 60 days.
The court further ordered that if the review confirms his examination results and establishes that no academic units remain outstanding, the university must issue him with an academic transcript and a letter of completion within 14 days of the decision.
In that event, Maseno University must also include Ougo in its next graduation list.
The ruling places the university under a clear timeline to review the disputed results through a fair process, while leaving the final confirmation of Ougo’s academic qualifications subject to that review.
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