Court Orders University to Compensate Students Over Graduation Delays

The Court of Appeal has ruled in a landmark judgment that a university’s administrative failures, which unreasonably delay a student’s graduation, can amount to a violation of a constitutional right.

In the case of Technical University of Kenya (TUK) v Charles Kuria and 20 Others, the court found that TUK failed to act promptly after a lecturer disappeared with students’ examination scripts, causing them to miss graduation.

The court also ordered the university to compensate the affected students for violating their constitutional rights by delaying their graduation due to the institution’s administrative failures.

The judges held that the university’s failure to act promptly after the lecturer disappeared with the examination scripts violated the students’ right to fair administrative action under Article 47 of the Constitution.

TUK Violated Students’ Rights

Additionally, the court found that the university’s inaction violated the students’ right to fair administrative action as guaranteed under Article 47 of the Constitution, which requires public bodies to act efficiently, lawfully, and within a reasonable time.

According to the judgment, although the university was arguing that it was investigating how the scripts disappeared, the court held that the university was to safeguard the academic progress of the students.

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Judges made an observation that students are not supposed to bear the consequences of the school’s inefficiencies.

The court then upheld the findings that the students were entitled to constitutional compensation for a violation of their rights.

Damages Awarded

However, the court reduced the damages awarded by the high court from Ksh 148,764 to Ksh 50,000 for each affected student, stating that the damages should be fair and supported by evidence.

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The court has also overturned the High Court’s findings that the student’s constitutional right to human dignity had been violated, citing that such claims required specific evidence.

The ruling underscores that while universities may face administrative challenges, they remain accountable for ensuring that such difficulties do not unlawfully interfere with students’ academic progression and their graduation day.

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Technical University of Kenya administration block. PHOTO/TUK.