UoN Ordered To Pay Graduate Sh3 Million For Being Locked Out On Graduation Day
The University of Nairobi (UoN) has been ordered to pay a former student Sh3 million in compensation after he was embarrassingly locked out of his own graduation ceremony despite having met all academic requirements.
In a judgment delivered at the High Court in Nairobi, the court found that the university’s actions amounted to unfair administrative action and violated the student’s legitimate expectation to graduate after years of study.
The court heard that the graduate had cleared his fees, completed his coursework, passed all examinations and had been officially cleared by his department and faculty to graduate. His name was initially included in the graduation list and he had even paid the mandatory graduation and convocation fees and hired a graduation gown.
However, on the actual graduation day, the student was shocked to learn that his name had been removed from the final list without any prior communication or explanation. He was stopped at the verification point and denied entry into the graduation square as his family and friends watched.
According to court documents, the student said the incident subjected him to public humiliation, psychological torture and emotional distress, as he had invited family members who had traveled from upcountry to witness the milestone. He argued that the university acted arbitrarily and failed to give him a chance to be heard before taking such a drastic decision.
In its defence, the University of Nairobi claimed that there were some pending issues regarding clearance, but failed to provide tangible evidence to support the last-minute decision to exclude the student.
Justice handling the matter ruled that the university had breached Article 47 of the Constitution which guarantees every person fair administrative action. The judge noted that once a student has been cleared by the Senate and included in the graduation booklet, the university cannot whimsically withdraw the invitation without following due process.
The judge observed that graduation is a major life event and locking out a student on the material day without notice is not only unlawful but also degrading.
“The petitioner had a legitimate expectation that he would graduate. The respondents’ action of removing his name from the graduation list on the graduation day without any notice or hearing was unreasonable, unfair and in breach of the Constitution,” the judge ruled.
The court consequently awarded the graduate Sh3 million as general damages for violation of his rights, embarrassment and emotional suffering, plus costs of the suit.
The ruling adds to a growing list of cases where Kenyan universities have been ordered to compensate students for botched graduations. Recently, Kenyatta University was ordered to pay a student Sh850,000 after withholding her marks and blocking her from graduating, while Moi University was ordered to pay 13 students Sh50,000 each for similar reasons.
Education stakeholders have called on universities to streamline their clearance systems to avoid last-minute confusion that leaves students devastated.
