A missing marks dispute that locked a graduate out of his degree for five years has ended in a court win for the student and a Sh300,000 payment demand against Jomo Kenyatta University of Agriculture and Technology (JKUAT).
The graduate, Abraham Mutua, completed his Bachelor of Science in Economics in December 2019. The university confirmed he was due to graduate in June 2020.
But his academic records were never updated. What followed was a shifting explanation of “missing marks.” At first, he was told two first-year units were incomplete due to the school's system issues.
Later, more units appeared incomplete, including Business Studies, Calculus, Communication Skills, Welfare Economics and Advanced Statistics, alongside several upper-year units.
The inconsistencies derailed his graduation. He says he lost job opportunities and endured embarrassment as his peers advanced. His efforts to seek answers from university officials yielded no results, prompting him to seek court intervention in June 2025.
Jomo Kenyatta University of Agriculture and Technology in Juja.
Photo credit: Pool
Court documents show the university did not respond to his complaints or a formal demand letter before the case was filed.
In its judgment, the High Court found the university had already confirmed he had completed his studies and should have graduated. The court noted the institution failed to explain why it did not process his graduation.
“The Respondent (JKUAT) had clearly confirmed that the petitioner had completed his studies and was awaiting graduation,” the court stated.
It found that he had a legitimate expectation to graduate once he completed his studies and that by failing to honour that expectation, the university acted unfairly.
The court awarded him Sh100,000 in damages for the violation of his rights, an amount that has been computed to Sh300,000 due to the costs of the case.
"The petitioner has had to agonizingly wait for all that long yet the respondent was all aware that he had completed his studies. Indeed, such a long period has caused untold suffering to the petitioner," it added.
Further, the court found the institution failed to explain the delay or provide any updates on the records.
The prolonged inaction, the court said, violated the petitioner's rights and caused harm. The court observed that the prolonged silence and inaction caused “emotional distress, loss of dignity, denial of opportunities for employment and further education.”
"The Respondent has not given any plausible explanation as to why it has not fulfilled the petitioner’s dreams. The conduct of the respondent can be seen by its failure even to file a response to the demand notice as well as this petition," the ruling stated.
The judgment ordered the university to update the petitioner's records, include him in the next graduation list and issue his degree certificate immediately.
Mutua's advocate, Felix Oketch, warned that failure to comply would lead to execution proceedings.
It noted he had waited for over five years for a certificate he had earned. That delay, the court said, caused “untold suffering.”
