Kenyatta University Ordered to Pay Student KSh 850,000 for Blocking Graduation Over Missing Mark

Nairobi, Kenya – May 28, 2025 – In a landmark ruling, the High Court in Nairobi has ordered Kenyatta University to pay student Nyambura Kimani KSh 850,000 in damages for denying her the right to graduate due to a missing mark in an elective course.

The court’s decision, delivered on May 22, 2025, also mandates the university include Kimani in its upcoming July 2025 graduation ceremony and cover all legal costs associated with her petition.

Justice Lawrence Mugambi, presiding over the case ruled that the university’s refusal to graduate Kimani was “irrational, unfair, and illegal,” violating Article 47 of the Kenyan Constitution, which guarantees every citizen the right to fair administrative action.

The court found evidence of malice and abuse of power by Dr. Linda Kimencu, a university lecturer, holding her personally liable alongside the institution—a rare move that could set a precedent for accountability in academic disputes.

Kimani’s legal battle began in June 2023 when she sued Kenyatta University and Dr. Kimencu after the university withheld her graduation over a missing mark for UCU 104 (Introduction to Entrepreneurship), an elective course.

Despite completing 51 units—two more than the required 49 for her degree—the university refused to release her Continuous Assessment Test marks for the unit, effectively barring her from graduating.

Kimani enrolled at Kenyatta University in September 2009 and completed her coursework by December 2013.

Initially, she faced missing marks in seven units but successfully resolved six of them.

The UCU 104 unit became her final obstacle when, during the 2020/2021 academic year, she re-registered for the course but was unable to sit for the online CAT due to technical issues.

After informing Dr. Kimencu about the technical problems, a makeup CAT was scheduled for February 19, 2021, which Kimani attended. She later resubmitted her completed CAT via email in June 2022, but the university informed her that the marks had not been recorded.

The situation escalated when Kimani was advised in December 2022 to withdraw the UCU 104 unit since it was no longer mandatory for her Bachelor of Commerce (Marketing) degree.

However, when she attempted to do so, she was summoned to a boardroom at the university where she faced intimidation.

“That on the same day I proceeded to the office of the Registrar Academic to deliver the said letter. On arrival, I was paraded before lecturers in a boardroom and chastised for attempting to sue the 1st institution,” Kimani stated in her affidavit.

The lecturers told her that the unit would not be withdrawn due to her decision to pursue legal action.

In her petition, Kimani claimed that the university’s refusal to graduate her despite meeting academic requirements had subjected her to severe mental anguish, including a miscarriage.

“The respondents’ actions are in direct violation of my constitutional rights and in breach of legitimate expectation,” her petition stated.

The university, through Registrar Prof. Bernard Kivunge, defended its position by claiming that Kimani had not attended required classes and had failed to complete both the CAT and final exam.

They argued she had only attended one physical class on February 19, 2021, and had not completed group assignments, missing 30 percent of her final marks.

However, Justice Mugambi found these claims unconvincing.

The court noted that the university failed to produce a list of CAT scripts received or any documentation showing which students had sat the CAT.

“Given the petitioner’s physical presence in the classroom and the 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 to the contrary,” Justice Mugambi stated.

In his 16-page judgment, Justice Mugambi noted that the university’s actions not only breached Kimani’s legitimate expectation to graduate but also contravened the institution’s own handbook and policies.

“The petitioner fulfilled all academic obligations, and the university’s dedication to frustrate her was in clear violation of her rights,” the judgment read.

The court highlighted that the university’s administrative failure amounted to an abuse of power, with Dr. Kimencu’s involvement pointing to personal malice against the student.

Justice Mugambi criticized the university for failing to objectively investigate the matter and instead choosing to victimize Kimani for seeking justice.

“It cannot be reasonable to have a student sit for a test and for reasons that only Dr. Kiemcu knows, fail to release her results for the CAT and completely refuse to acknowledge the wrong and instead heap the blame squarely on the student for years on end,” the judge observed.

The ruling has sparked widespread discussion on social media, with many Kenyans applauding Kimani’s perseverance.

“Missing marks are a menace in institutions of higher learning, especially when the lecturer has malice & vendetta against you. Congratulations for this win, you have set a great precedent,” wrote Calvin on X.

Another user, Egline Samoei, shared a similar experience: “A pal missed 3 graduations cause of missing [marks].”

Others noted the broader implications for lecturer accountability, with @gasolinaowl commenting: “You’ve opened a huge Pandora’s box. Especially holding lecturers personally accountable… is music to the ears of many.”

This case highlights a widespread issue affecting thousands of university students across Kenya.

The phenomenon of “missing marks” occurs when lecturers fail to file student marks for computation and consideration for degree awards.

Students affected by missing marks often miss job market opportunities, spend additional money on re-sits, and some give up entirely, never graduating.

This is not the first time Kenyatta University has faced legal consequences over missing marks.

In January 2025, the university was ordered to compensate Owuor Mboya for a similar issue that delayed his graduation and caused him to lose a Master’s scholarship at Sheffield University in the UK, according to Njaga Advocates.

A 2017 Commission for University Education report flagged missing marks as a chronic problem in Kenyan universities, often leading to delayed graduations and procedural challenges for students.

Kimani, represented by Hussein Omar LLP, expressed relief and gratitude, “the wheels of justice may turn slow, but they turn all the same. Congratulations to me, and to my lawyers… and thank you to everyone who has supported me through this journey.”

Her victory not only secures her place in Kenyatta University’s July 2025 graduation but also reinforces student rights under the Kenyan Constitution, potentially empowering others to seek judicial recourse for similar administrative failures.

The ruling serves as a warning to Kenyan universities to address systemic issues like missing marks and ensure fair treatment of students.

Kimani’s case stands as a precedent for students facing similar administrative challenges, demonstrating that constitutional rights can be enforced even against educational institutions when they fail in their duty of care to students.