NAIROBI, Kenya – The Court of Appeal has affirmed that universities can be held constitutionally liable for unreasonably delaying students’ graduation due to administrative failures.
The ruling, expected to reshape how higher learning institutions handle examination records and academic disputes, arose from a case involving students at the Technical University of Kenya (TUK), whose graduation was delayed after examination scripts went missing.
The missing scripts left the students’ results unprocessed as the university launched internal investigations into the incident.
While the appellate court acknowledged that universities have the right to investigate examination irregularities, it held that such inquiries must be conducted within a reasonable timeframe and should not unfairly punish students for failures beyond their control.
The judges ruled that prolonged administrative delays that interfere with a student’s academic progress violate the constitutional right to fair administrative action.
According to the court, institutions cannot leave students in academic limbo because of inefficiencies in their internal systems.
The court awarded each of the affected students Ksh50,000 in constitutional damages after reducing an earlier compensation awarded by the High Court.
However, it declined to uphold claims that the students’ constitutional right to dignity had been violated, noting that the allegations were not sufficiently supported by evidence.
The judgment shines a spotlight on the persistent problem of missing examination marks in Kenyan universities, an issue that has disrupted the academic progress of thousands of students.
Reports indicate that nearly 90 per cent of universities in Kenya have experienced cases involving missing marks or unprocessed examination results.
For years, students have raised concerns over disappearing grades, delayed release of results and being forced to repeat units to recover marks that had either been lost or never recorded.
Beyond academic setbacks, such delays have often resulted in missed employment opportunities, internships, professional licensing, scholarships and postgraduate admissions.
Some students have also incurred additional tuition and accommodation costs after being compelled to remain in school longer than planned.
The Court of Appeal emphasized that although universities are responsible for protecting the integrity of examinations, they also have a constitutional obligation to ensure administrative processes are handled efficiently and without causing unnecessary prejudice to students.
The decision is expected to increase pressure on universities to strengthen examination management systems, improve record-keeping and resolve academic disputes more swiftly to prevent avoidable graduation delays.
