SUMMARY OF BOMET HC PETITION NO. 1 OF 2018
CHERONO GLADYS –VS- THE UNIVERSITY OF NAIROBI
The University of Nairobi on 1st day of July, 2020 through a ruling delivered by Hon. A Ongeri won a case filed against it by a former student Cherono Gladys for failing to issue her with a university Certificate in Human Resource Management after completion of her studies whereas all her class mates have long been issued with.
The Petitioner’s case was that she paid in full all the prescribed fees, attended classes until completion of her course. In November 6, 2013, she was issued with her provisional result slip and later on enrolled for a diploma course on the same course and completed in February 15, 2015 and was issued with an undergraduate Diploma in Human Resource.
She had sought an order for declaration that she is entitled to her Certificate in Human Resources and academic transcripts therein and that the University of Nairobi to award the same and pay general damages for loss of fitting/merited employment opportunities and income, career growth, further education, anxiety and mental anguish and loss of reputation among her peers, family and society.
The University in its defense stated that the reliefs sought by Cherono Gladys were not available as during her application for a Certificate Programme in Human Resource Management, the admission was subject to verification of her qualifications.
The minimum requirement for admission was a mean grade of C- (Minus) which the Petitioner had not obtained as after verification, it was discovered that she had a mean grade of D+ (Plus), thus she was not eligible for the certificate course in Human Resource Management and her admission for the course was irregular. That the university cannot be faulted for following its internal procedure and ensuring academic excellence in the institution as it is a mandates under the Universities Act No. 42 of 2012.
Hon. A. Ongeri observed that the court cannot be called to re-write a contract voluntarily executed by the parties as the relationship between the parties in the case is governed by the terms and conditions.
The court observed that from onset the Petitioner knew that she was not eligible for the course of Certificate in Human Resource Management and knew the conditions attached for admission at the University of Nairobi and the Respondent explained to her reasons why she was not being issued with the Certificate thus she failed to prove her case against the University and dismissed the Petition with no orders as to cost.