The Court of Appeal has ruled that universities can be held constitutionally liable for unreasonable administrative delays that prevent students from graduating on time.
In its judgment, the court said higher learning institutions have a duty to manage students’ academic affairs efficiently and without unnecessary delays.
The case involved 21 former university students whose graduation was delayed after their examination scripts went missing.
The court found that the university failed to take timely action despite being aware of the problem, leaving the students unable to complete their studies within the expected period.
The judges ruled that students affected by such delays may be entitled to compensation for the violation of their constitutional rights.
Court of Appeal Finds Violation of Fair Administrative Action
The Court of Appeal held that the university’s prolonged inaction violated the students’ right to fair administrative action under Article 47 of the Constitution.
Also Read: CJ Koome Creates New High Court Division
The judges said that although the university had a right to investigate the disappearance of the examination scripts, it was still obligated to act promptly to ensure the affected students were not unfairly prejudiced by its own administrative failures.
The court held that delays arising from internal administrative problems should not derail students’ academic progress or delay their graduation.
The judges emphasized that universities cannot leave students in academic limbo due to bureaucratic inefficiency, poor record management, or institutional delays.
The court further held that universities have a constitutional duty to handle academic matters without undue delays, especially where delays may affect graduation, internships, employment opportunities, or admission to professional bodies.
The judges noted that failures in processing academic records and examinations can have far-reaching consequences for students.
Missing Examination Scripts Delayed Graduation
The dispute stemmed from a 2012 incident involving students pursuing a diploma in Mechanical and Mechatronics Engineering.
Also Read: Court Rules on Rastafarians Petition to Legalize Marijuana in Kenya
After sitting a compulsory mathematics examination, their lecturer allegedly failed to return the examination scripts or submit the marks. As a result, the university directed all 72 affected students to re-sit the examination, delaying their graduation.
The Court of Appeal found that although the university had a legitimate interest in tracing the missing examination scripts, it failed to act with the urgency required to protect the students’ expectation of graduating on time.
“It is a settled principle of good administrative action, codified in Article 47, that it must be expeditious and efficient,” the judges said.
The court added that the university should have ensured that its investigations did not unnecessarily interfere with the students’ academic progress.
“The University should have always kept its eye on the clock so that whatever action it took would not jeopardize the students’ expectation to graduate on time,” the judges stated.
The judges also observed that criminal charges against the lecturer were only initiated about one and a half years after the examinations, describing the delay as further evidence of administrative inefficiency.
Court Reduces Compensation
While agreeing that the students’ right to fair administrative action had been violated, the Court of Appeal reduced the compensation awarded to each of the 21 students from KSh148,764 to KSh50,000.
The judges upheld the finding of liability against the university but ruled that a lower award was appropriate in the circumstances of the case.
The appellate court also overturned the High Court’s finding that the students’ constitutional right to dignity had been violated.
Although the students argued the delayed graduation embarrassed them before their families, friends and society, the Court found that they failed to provide sufficient evidence to support the constitutional claim.
The court further found that the High Court’s original award was speculative because it assumed the graduates would take 7 months to secure employment, without evidence to support that assumption.
“There was no material at all that was placed before the court upon which it could work a vindicatory or compensatory relief,” the judges said.
Consequently, the Court of Appeal substituted the compensation with KSh50,000 for each student for the violation of their right to fair administrative action.
The court upheld the High Court’s decision awarding costs to the students but directed that each party bear its own costs of the appeal, giving both sides a partial victory.
Follow our WhatsApp Channel and X Account for real-time news updates.
