The High Court has ordered the University of Nairobi (UON) to pay Merceline Murono Sh3 million after finding that the institution violated her constitutional rights by removing her name from the final list of graduands on the very day of its 70th graduation ceremony on December 15, 2023.
The court found that the UON failed to give Merceline prior notice or an opportunity to be heard before removing her name, violating her right to fair administrative action under Article 47 of the Constitution. Justice Lawrence Mugambi said the university had effectively cleared Murono to graduate, noting that she had been issued with a graduation gown and attended the official rehearsal where her seat had been marked with her name.
However, on the morning of the graduation ceremony, Murono discovered through a class WhatsApp group that her name had been omitted from the graduation booklet. The court rejected the university’s explanation that Murono had failed to properly clear for graduation, including claims that she had used the wrong clearance form and made a payment using an incorrect reference number.
The judge noted that evidence showed Murono had communicated with a university finance officer on November 22, 2023, providing her registration details in an effort to resolve the payment issue. The court described the university’s attempt to blame the graduate as a “deliberate distortion of truth designed to mislead the court”, terming the conduct particularly serious because the institution is a respected public body.
The judge further held that the university’s failure to notify Murono before removing her name caused her agony, disappointment, shame and embarrassment, particularly because she had invited family, friends and colleagues to celebrate her graduation.
The court found that the university’s conduct violated her rights to human dignity and freedom from psychological torture and cruel, inhuman or degrading treatment under Articles 28 and 29 of the Constitution. The university has been ordered to issue Murono an unqualified apology within 30 days. Failure to do so will attract an additional Sh1 million, raising the compensation to Sh4 million. The university must also pay Sh24,000 in special damages, together with costs and interest. Lawyer Collins Omondi sought a 45-day stay of execution pending appeal, but the court granted 30 days.
