![Mboya v Kenyatta University (Petition E376 of 2022) [2024] KEHC 11853 (KLR), the High Court of Kenya, pdf document | Njaga & Co. Advocates wins](https://njagaadvocates.com/wp-content/uploads/2025/01/moi-university-case.jpg "moi-university-case")
In a landmark judgment in the case of Mboya v Kenyatta University (Petition E376 of 2022) [2024] KEHC 11853 (KLR), the High Court of Kenya, presided over by Justice Lawrence N. Mugambi, ordered Kenyatta University to compensate a former student, Mr. Owuor E. Mboya, Kshs. 1,400,000 for violating his constitutional rights, including his right to education, legitimate expectation and fair administrative action. The judgment brings closure to a long struggle for justice and accountability.
Background of the Case
Mr. Mboya, a Bachelor of Music student, completed his studies in October 2021 and was set to graduate in December 2021. Despite fulfilling all academic requirements, his name was excluded from the graduation list due to unposted marks in two units: Guitar Skills (MDT 223) and Theory of Aural Skills (MDT 200).
Over the next two years, Mr. Mboya made every effort to resolve the matter, writing to the Deputy Vice Chancellor for Academic Affairs and seeking help from the Commission on Administrative Justice (CAJ). Despite these efforts, Kenyatta University remained unresponsive, denying him graduation and causing him to miss significant opportunities, including a fully funded Master’s scholarship at Sheffield University, UK. Frustrated and without options, Mr. Mboya filed a constitutional petition in July 2022, seeking legal redress for the violation of his rights.
Court’s Analysis and Key Findings
Right to Education
The Court emphasized that education is a fundamental right protected under Article 43(1)(f) of the Constitution. Justice Mugambi stated that denying Mr. Mboya the ability to graduate after completing his coursework and meeting all requirements constituted an unlawful infringement on this right.
The judgment noted:
“A student who has fulfilled all academic requirements should not be denied the chance to celebrate their achievement without lawful and timely justification. Such conduct undermines the constitutional guarantee of education as a fundamental right.”
Legitimate Expectation
Justice Mugambi also found that the university had violated the principle of legitimate expectation, which ensures individuals who meet established conditions reasonably anticipate the promised outcome. The Court noted that Mr. Mboya’s expectation to graduate was both reasonable and lawful.
Referring to Nyongesa & 4 Others v Egerton University College, the Court underscored that denying a student their degree without due process breaches institutional obligations and constitutional protections.
Fair Administrative Action
The Court held that the university’s failure to act expeditiously or communicate effectively with the petitioner violated his right to fair administrative action under Article 47. This failure caused significant psychological and emotional distress to the petitioner.
Reliefs Granted
The Court issued the following orders:
- Declaration of Violations: Kenyatta University was found to have violated the petitioner’s rights to education, fair administrative action, dignity, and legitimate expectations.
- Mandatory Injunction: The university was directed to upload the missing marks within 30 days or provide a clear pathway for the petitioner to meet graduation requirements.
- Compensation: The petitioner was awarded Kshs. 1,400,000 for the violation of his constitutional rights and the resulting missed opportunities.
- Costs of the Petition: Kenyatta University was ordered to bear the legal costs of the case.
Njaga & Co. Advocates’ Role
We, Njaga & Co. Advocates, are proud to have assisted the petitioner pro bono in achieving justice after years of suffering, missed opportunities, and watching his peers advance in life while he remained stuck. This case reaffirms our commitment to ensuring that justice is accessible to all, particularly those whose rights have been unjustly violated.
Significance of the Judgment
This judgment underscores the constitutional protections for the right to education and fair administrative action. It reminds public institutions of their duty to uphold accountability, transparency, and respect for students’ rights. They should never deny a student who has faithfully paid school fees, attended classes and handled all required activities their crowning glory for not graduating. The decision vindicates Mr. Mboya and sets a powerful precedent for holding educational institutions accountable for their actions and inactions.
