COURT'S RULING ON ACADEMIC MATTERS

HCC PETITION NO. 335 OF 2020

JERRY WAGOYI & 3 OTHERS -VS-UNIVERSITY OF NAIROBI

SUMMARY JUDGEMENT

On 1st December, 2020, Jerry Wagoyi & 3 others sued the University claiming the following orders:

1. A declaratory order that the Respondent breached several rights of the Petitioners and fundamental freedoms under the Constitution of Kenya.
2. An order of certiorari to quash the decision of the Respondent contained in circular issued on 24th November 2020 excluding petitioners’ names from the graduation list.
3. A declaratory order that by denying the petitioners the right to graduate on the premise of new regulations, the Respondent violated the Petitioners’ legitimate expectation.
4. An order of mandamus to compel the Respondent to unconditionally include names of the Petitioners in the graduation list of 11th December, 2020.
5. An order declaring that the petitioners, qualifications for graduation are only subject to the provisions of the law and Regulation which existed at the time of their admission and for avoidance of doubt for the years 2012.
6. General damages.
7. An award of exemplary damages.
8. Costs of and incidental to these proceedings.

The University in its defense denied the claim and averred that the Petitioners were admitted at the University in 2012 to pursue Barchelor of Laws degree programme under an old curriculum which was reviewed and amended in 2013 making some course CORE in keeping with the requirements of the Legal Education Act 2012 (Legal Education Act No. 27 of 2012 Section 23(1) and the 2nd schedule of the Act and the Regulations in the Almanac and Curriculum must be complied with.

That all new students including the Petitioners were supplied with the handbook containing Regulations in the Almanac and therefore were aware of the requirements plus the new unit and thus the petitioners’ prolonged stay at the University was caused by their failure to work hard in their studies and examinations. They failed in numerous units and were made to resit the failed units and examinations.

In the judgement delivered virtually on 20th December, 2022, Hon H. I. Ong’udi, Judge of the High Court observed that the petition lacked merit and dismissed it with no costs and directed that the petitioners to prepare themselves, study and sit for examinations in the four units.