NAIROBI — A graduation ceremony that was supposed to mark the culmination of Merceline Murono’s university journey instead became the centre of a legal battle after the University of Nairobi removed her name from the list of graduands on the morning of the event.
The High Court has now ordered the University of Nairobi to pay Murono Sh3 million after finding that the institution violated her constitutional rights by preventing her from graduating at the last minute.
Justice Lawrence Mugambi ruled that Murono had been given sufficient reason to believe she had been cleared for graduation.
She had already collected her graduation gown and attended the official rehearsal, where she had been allocated a seat ahead of the university’s 70th graduation ceremony on December 15, 2023.
But on the morning of the ceremony, Murono discovered through her class WhatsApp group that her name was missing from the official graduation booklet.
According to the court, the university should have notified her of any outstanding issues and given her an opportunity to respond before removing her name from the graduation list.
The university had argued that Murono had failed to complete some clearance requirements, including allegedly using the wrong clearance form and making a payment under an incorrect reference number.
The court, however, found that the claims were not supported by the evidence presented.
Justice Mugambi noted that Murono had contacted a university finance officer on November 22, 2023, and provided her registration details while attempting to resolve the payment issue.
The judge criticised the university for attempting to shift responsibility to Murono, describing its conduct as a “deliberate distortion of truth designed to mislead the court.”
The court further found that the last-minute decision caused Murono significant emotional distress, disappointment, shame and embarrassment, particularly because she had invited family, friends and colleagues to attend and celebrate her graduation.
Justice Mugambi ruled that the university violated Murono’s rights to human dignity and protection from psychological torture and cruel, inhuman or degrading treatment under Articles 28 and 29 of the Constitution.
In addition to the Sh3 million compensation, the university has been ordered to issue Murono with an unqualified apology within 30 days.
Failure to issue the apology within that period will result in an additional Sh1 million penalty, potentially raising the total compensation to Sh4 million.
The university must also pay Sh24,000 in special damages, as well as the costs of the case and interest.
Lawyer Collins Omondi had sought a 45-day stay of execution to allow the university to pursue an appeal.
The judge instead granted a 30-day stay.
The ruling highlights the importance of due process in universities and other public institutions, particularly where administrative decisions can have a direct impact on students’ academic progression and dignity.
