A total of 700 students at Moi University on Wednesday lost their bid to have the institution include them in the 38th graduation ceremony taking place on Thursday.
Justice Pauline Nyamweya while delivering the ruling in Mombasa criticised the university for failing to include the students on its graduation list.
She ordered the institution to pay Sh50,000 to the 13 students who dragged the matter to court on behalf of the rest.
The judge said the action by the university not to include the affected students on the gradation list was discriminatory, violated their rights and denied them freedom from psychological torture and fair administrative action contrary to the Constitution.
The court also ruled that the university’s decision was a violation of the students’ legitimate expectations.
“An order be is hereby issued granting each of the petitioners herein an award of Sh50,000 as nominal damages for infringement of their rights as provided for in the Constitution,” ruled Justice Nyamweya.
The university is also required to give the affected students an explanation on why they were excluded from the graduation within 30 days.
“The respondent is and is hereby compelled to undertake all the necessary internal procedures required to include the petitioners in the next graduation list,” added Justice Nyamweya.
The university is expected to file a written report to the court on the progress made in compliance with the orders within 90 days.
The institution was also ordered to bear the cost of the case.
The petitioners had argued that their names were missing from the graduation list yet they had completed their studies at the institution.
In their documents, they claim that they were admitted to Moi University’s School of Information Sciences on various dates between 2015 and 2016 and according to the institution’s schedule of studies, they ought to have graduated in December 2018.
The university argued that the affected students had huge fee balances and missing marks
“All is not lost for them. They will still graduate in December once they clear their fees arrears,” Moi University Vice-Chancellor Prof Isaac Kosgey
By Ouma Wanzala