kenyatta University Entrace.(Photo/Courtesy).
By Daisy Okiring
A Kenyatta University student has won a legal battle against the institution after it failed to release her Continuous Assessment Test (CAT) marks, which prevented her from graduating—resulting in a court-awarded payout of Ksh850,000.
In her social media statement following the ruling, the student alleged that one of the lecturers had deliberately frustrated her efforts to graduate, despite her academic eligibility.
In a judgment delivered on May 22, 2025, Justice L. N. Mugambi ruled that the university’s failure to provide CAT marks for unit UCU 104 amounted to a violation of the student’s constitutional rights, particularly her right to fair administrative action and education.
According to court documents, the student had completed more than the 49-unit minimum required for graduation. Yet, the absence of marks from just one unit stalled her academic progress and delayed her graduation indefinitely.
Also Read: Wanderi Kamau: My rare encounter with Ngũgĩ wa Thiong’o
The student first filed her case on June 9, 2023, amending it on February 5, 2024, claiming that the university had acted in bad faith and ignored her repeated attempts to resolve the issue administratively. She argued that the school’s actions—or inaction—were “unfair, unreasonable, irrational, illegal,” and constituted an abuse of power.
She also referenced Article 47 of the Kenyan Constitution, which guarantees all individuals the right to “expeditious, efficient, lawful, reasonable, and procedurally fair” administrative action. The court agreed.
Justice Mugambi issued a strong rebuke of the university’s conduct, stating:
“A declaration is hereby issued that the actions of the 1st and 2nd respondents and/or their agents are unfair, irrational, illegal and unconstitutional for contravening Article 47 of the Constitution and the petitioner’s legitimate expectation.”
In addition to financial compensation, the court ordered Kenyatta University to include the student in the earliest possible graduation list, directing the institution to immediately resolve the academic records issue.
The ruling sets a powerful precedent in academic rights and fair administrative action for students across Kenyan universities.
