Court Rules on UoN LLB Online Exams

The High Court has made a ruling in support of the University of Nairobi’s decision to conduct physical examinations for its Bachelor of Laws (LLB) Module II Evening Programme, effectively ending a case that had been instituted by a section of students.

The court ruled that the institution had acted legally and within its mandate in its decision to end the online examination system, which had been put in place during the outbreak of the pandemic.

The case had been instituted by 39 LLB students who accused the institution of acting illegally and unreasonably in its decision to end the online examination system.

They had accused the institution of failing to act reasonably and legally in its decision, which had seen it abandon the online examination system.

In their submission to the court, the students argued that this shift has significant personal implications, which include the possibility of some of them being forced out of the course.

The issue, they argued, was not just about changing an administrative system but had significant implications for accessing legal education.

Court Backs University’s Authority

The University of Nairobi argued that online examinations were never meant to be permanent.

According to the judgment, the institution made it clear that the digital format was a temporary response to extraordinary public health circumstances.

The university further told the court that lecturers had flagged serious integrity concerns during online assessments.

“When the faculty discovered that the credibility and integrity of online examinations were at stake following reports of cheating and plagiarism documented by academic staff, it resolved to revert to physical examinations, which is one of the recognised modes under its regulations,” the judgment states.

The next question was whether the Faculty Academic Committee had overstepped its authority by approving the policy change.

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Petitioners contended that the University Senate was the only body with the power to modify the policy on examinations.

The university countered that its charter allows the delegation of such powers to faculties.

The judge sided with the institution, ruling that “The faculty did not exceed its mandate in authorising an inquiry into the matter.”

Public Participation and Fairness

On the question of public participation, the students claimed the decision was abrupt.

The university responded that learners had previously been involved in developing academic guidelines and that notice was issued well in advance.

The court agreed, with the judge stating, “I disagree that the notice given was abrupt. In my view, the respondents dealt with the matter fairly and reasonably.”

The court further emphasised that the decision was grounded in the need to protect standards.

“In my considered view, the decision was taken to protect the credibility of examinations following reported malpractices. It was an appropriate measure,” the judge held.

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Notably, the court observed that no student had been deregistered and that special examinations had been scheduled for August 2025 to accommodate those with valid challenges.

Finally, to bring the case to a close, the judge declared, “The upshot is that this petition is hereby dismissed,” with each party to bear its own costs.

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The University of Nairobi Main Campus Main Entrance. PHOTO/ Kenya Times.