Graduate wins Sh3m after UoN drops her name on graduation day

The University of Nairobi has been ordered to pay a graduate Sh3 million after the High Court found that it violated her constitutional rights by removing her name from the graduation list on the day of the ceremony in 2023.

Justice Lawrence Mugambi ruled that the university subjected Marceline Murono to humiliation, psychological distress and indignity when her name was excluded from the final graduation booklet without prior notice or an opportunity to be heard.

The judge said the university had cleared the petitioner to graduate and had gone as far as issuing her with a graduation gown and allowing her to attend the official rehearsal on the eve of the ceremony.

“It is crystal clear from the record that for purposes of complying with the process of graduation, the respondent (UON) and for all purposes cleared the way for the petitioner to graduate on the 15th of December 2023,” the judge observed.

The court heard that Murono only discovered that her name had been removed when a soft copy of the graduation booklet was circulated in a class WhatsApp group on the morning of the ceremony.

Justice Mugambi said there had been no prior communication explaining the decision.

“There had been no prior communication of any kind as to this outcome which, to say the least, is an actual disregard of the legitimate expectation principle,” he said.

The university had sought to explain the exclusion by arguing that Murono had used the wrong form during the clearance process and had made a payment to the wrong university account.

However, the judge rejected the explanation after considering evidence presented by Murono and a fellow student.

The court found that Murono had communicated with a university finance officer on November 22, 2023, providing her registration details in an effort to resolve the payment issue.

The judge further found that the university's decision violated Article 47 of the Constitution, which guarantees every person the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

He also found violations of Murono's rights to human dignity and protection from psychological torture and cruel, inhuman or degrading treatment under Articles 28 and 29.

The court noted that the impact of the decision was particularly significant because Murono had invited family members, relatives, friends and colleagues to celebrate her graduation.

“The enormous shame and embarrassment she was put through in the eyes of her own family and friends of having to meet and eat in celebration of nothing was an anticlimax that had a serious dent on her inherent dignity,” Justice Mugambi said.

“The totality of what the petitioner came to endure is enough to break even the strongest of spirits," he added.

The judge also rejected the university's argument that Murono should first have exhausted its internal dispute-resolution mechanisms before approaching court.

He found that while such mechanisms existed formally, they had failed to provide meaningful redress in her case.

“In my view, the respondents' (UON) claim to the existence of alternative remedies in the circumstances of this case only exists on paper,” Justice Mugambi said.

“Factually, they collapse on evidence.”

The court consequently issued declarations that Murono's constitutional rights had been violated and ordered the university to pay Sh3 million in compensation.

"In addition, the respondent (UON) shall issue the petitioner (Murono) an unqualified apology for the pain and loss occasioned by the respondent within 30 days from the date of this judgment; in default the amount of compensation payable shall stand increased by a further Sh1 million," judge Mugambi further directed.

Murono was awarded a further Sh24,000 in special damages.

The university was granted 30 days stay of execution of the judgment after counsel said he sought instructions on whether to appeal the decision.