The Court of Appeal has ruled that universities can be held constitutionally responsible for unreasonably delaying students’ graduation due to administrative failures, in a landmark decision expected to reshape how higher learning institutions handle academic disputes.
The ruling followed a case involving students from the Technical University of Kenya (TUK) whose graduation was delayed after examination scripts went missing, leaving their results unresolved as the university conducted investigations.
The judges acknowledged that universities have a duty to investigate irregularities and protect the integrity of examinations. However, they ruled that institutions must also act promptly and efficiently to ensure students are not unfairly affected by internal administrative failures.
The court found that prolonged delays that interfere with a student’s academic progression amount to a violation of the constitutional right to fair administrative action.
Universities, the judges stated, cannot leave students in uncertainty because of mistakes or inefficiencies within their own systems.
The Court of Appeal awarded each affected student Ksh50,000 in constitutional damages after reducing an earlier compensation amount granted by the High Court.
However, the court rejected claims that the students’ right to dignity had been violated, noting that such allegations require sufficient evidence to support them.
The issue of missing examination marks has remained a major challenge in Kenya’s higher education sector, contributing to delayed graduations, student frustration and financial losses.
Over the years, many university students have reported cases where examination results disappear from institutional systems, missing grades prevent graduation, or learners are forced to repeat courses to recover marks that were previously lost or never recorded.
For affected students, these administrative failures often have consequences beyond academic delays.
Many have missed employment opportunities, internships, professional licensing, scholarships and postgraduate admission opportunities due to delayed graduation. Others have been forced to pay additional tuition, accommodation and living expenses after remaining in university longer than expected.
The court emphasised that while universities must maintain strict examination standards, they are equally required to ensure academic administration is handled within reasonable timelines and does not unfairly disadvantage learners.
The ruling is expected to push universities to improve examination management systems, strengthen academic record-keeping and resolve disputes faster to avoid unnecessary graduation delays.