NAIROBI, Kenya — The High Court has ordered Kenyatta University to pay a former student Sh850,000 in damages after the institution withheld her graduation over a missing grade for an elective unit — a move the court found to be illegal, irrational, and malicious.
In a judgment delivered on May 22, Justice Lawrence Mugambi ruled that the university violated the constitutional rights of Nyambura Kimani by refusing to release her CAT marks for a single unit, UCU 104: Introduction to Entrepreneurship, effectively blocking her from graduating — despite the fact that she had completed more units than required.
The case — Nyambura Kimani v Kenyatta University & Dr. Linda Kimencu (HCCHRPET/E197/2023) — has now set a potential precedent for how public institutions handle student grievances, particularly in relation to fair administrative action.
“Kenyatta University’s refusal to graduate me amounted to irrational and unfair administrative action,” Kimani wrote in a post on X after the ruling. “The wheels of justice may turn slow, but they turn all the same.”
Well, I sued Kenyatta University and Won.On May 22, 2025 the High Court ruled in my favor in the matter: Nyambura Kimani v Kenyatta University & Dr. Linda Kimencu (HCCHRPET/E197/2023).After years of frustration where KU completely refused to let me graduate over a missing
A Fight for Graduation That Ended in Court
Kimani filed the petition in June 2023 after several failed attempts to get the university to acknowledge her performance in the entrepreneurship unit — taught by Dr. Linda Kimencu — whose marks were never released.
The court found that the lecturer acted with malice and abused her power by failing to submit Kimani’s marks, despite the student having completed all coursework.
The ruling further declared Dr. Kimencu personally liable for the ordeal.
At the time of filing, Kimani had completed 51 academic units — two more than the minimum required to graduate.
The university, however, insisted she could not be cleared without the mark from the elective unit.
Court Slams ‘Unfair, Illegal and Unconstitutional’ Conduct
In its 16-page judgment, the court said the university violated Kimani’s right to fair administrative action under Article 47 of the Constitution and contravened its own policies in doing so.
The judge issued:
- A mandamus order compelling the university to include Kimani in the next graduation ceremony (July 2025),
- An award of Sh850,000 in general damages, and
- An order for Kenyatta University to cover all legal costs.
Justice Mugambi also noted that Kimani had a legitimate expectation to graduate, given that she had met all academic obligations.
