Court of Appeal awards university students Ksh50,000 for delayed graduation
Court of Appeal awards university students Ksh50,000 for delayed graduation
The Court of Appeal has ruled that universities can be held constitutionally liable for unreasonably delaying students’ graduation due to administrative failures, in a landmark judgment expected to have far-reaching implications for higher education institutions across the country.
The ruling arose from a case in which a group of Technical University of Kenya (TUK) students had their graduation delayed after examination scripts went missing, leaving their results unprocessed while the university conducted internal investigations.
The judges found that although the institution was entitled to investigate what had happened, it still had a constitutional duty to act promptly and efficiently to ensure the students were not unfairly disadvantaged by delays beyond their control.
According to the Court, prolonged administrative delays that interfere with a student’s academic progress amount to a violation of the constitutional right to fair administrative action, adding that universities cannot leave learners in academic limbo because of their own internal failures.
The court awarded each of the affected students Ksh50,000 in constitutional damages after reducing an earlier award made by the High Court. However, it declined to uphold claims that the students’ right to dignity had been violated, saying such allegations must be supported by sufficient evidence.
The issue of “missing marks” is a widespread crisis in Kenyan institutions of higher learning, causing delayed graduations, severe student anxiety, and financial losses.
Statistical reports highlight that approximately 90 per cent of universities in Kenya have experienced this problem.
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Over the years, students have repeatedly complained of examination results disappearing from university systems, missing grades delaying graduation, and being forced to repeat units simply to obtain marks that had previously been lost or left unrecorded.
For many learners, such administrative mistakes have gone beyond academic inconvenience.
Delayed graduation has meant missing employment opportunities, internships, professional licensing, scholarships, and postgraduate admissions, while others have incurred additional tuition and accommodation costs after being forced to remain in school longer than expected.
The court observed that while universities have the responsibility to safeguard the integrity of examinations, they must also ensure that administrative processes are handled within a reasonable timeframe and without unfairly prejudicing students.
The decision is expected to put greater pressure on universities to strengthen examination management, improve record-keeping systems, and resolve academic disputes more quickly to prevent unnecessary delays in graduation.
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