ADVERT 
ADVERTMaseno University has been ordered to pay graduate David Ayieko Ougo KSh800,000 in damages after the High Court found that the institution violated his constitutional rights to education and fair administrative action.
In a judgment delivered on Thursday, October 15, Justice Gregory Mutai of the Milimani High Court declared the university’s decision concerning Ougo’s academic records unconstitutional, citing the prolonged denial of his degree and the failure to uphold his fundamental rights.
Court documents indicate that Ougo sued the university after his entire academic record was allegedly erased without his knowledge, an action that prevented him from graduating.
The dispute has kept him from obtaining his degree since December 2022, according to the court.
Court cites repeated violation of graduate’s rights
ADVERTIn awarding the damages, Justice Mutai noted that the case involved a second proven violation of a similar nature by the same institution, despite an earlier judgment in Petition E242 of 2023, David Ayieko Ougo versus the Regional Institute of Business Management and four others.
The court awarded Ougo KSh800,000 in general damages for violations of Articles 47 and 43 of the Constitution, which protect the right to fair administrative action and the right to education, respectively.
The award will attract interest at court rates from the date of judgment until payment in full.
The ruling underscores the obligation of public institutions to handle academic disputes transparently, fairly and in accordance with the law, particularly where decisions could determine whether a student completes university education.
Maseno given 60 days to review examination results
Beyond compensation, the court directed Maseno University to conduct a fresh determination of the validity of Ougo’s examination results within 60 days.
Justice Mutai ordered the institution to comply with Article 47 of the Constitution and the relevant provisions of the Fair Administrative Action Act, which require administrative decisions to be lawful, reasonable and procedurally fair.
As part of the review, the university must provide Ougo with written notice detailing its concerns about his results, alongside the investigation report dated October 6, 2023, the relevant mark sheet and any other evidence it intends to rely on.
Ougo must then be given at least 14 days to submit a written response and supporting documents.
The judge further directed the university to grant him an oral hearing and consider all relevant academic records in its possession, including examination scripts and papers held by its examinations office.
The requirements are intended to ensure that the university’s final decision is based on verifiable evidence and reached through a fair process.
University must explain its final decision
The court also ordered Maseno University to issue a written decision identifying the examination units it has verified, explaining its findings and providing reasons for its conclusions.
The decision must be served on Ougo within the stipulated 60-day period.
Crucially, the court directed that if the fresh review confirms his results and establishes that he has no outstanding academic units, the university must issue him with an academic transcript and a letter of completion within 14 days of the decision.
It must also include him in its next graduation list.
The order places the responsibility on the university to establish the status of Ougo’s academic record through a transparent process rather than leave his graduation prospects unresolved.
A warning on students’ constitutional rights
The judgment highlights the legal protections available to university students when administrative decisions threaten their academic progress or access to education.
Article 43 of Kenya’s Constitution guarantees the right to education, while Article 47 protects every person’s right to administrative action that is lawful, reasonable and procedurally fair.
The Fair Administrative Action Act further provides safeguards, including notice of adverse decisions and an opportunity for affected individuals to respond.
For Ougo, the ruling delivers financial compensation for the rights violations established by the court, while setting out a clear process for determining whether he qualifies to receive his academic credentials.
However, the judgment does not automatically confer a degree on him. His graduation will depend on the fresh examination review and confirmation that he has satisfied the university’s academic requirements.
Maseno University is now required to undertake that review within the court-ordered timelines and comply with the directions governing notification, hearings, verification and the release of academic documents.
