When Ms Nyambura Kimani filed a case against Kenyatta University (KU) and Dr Linda Kimencu in 2023 over missing marks that had prevented her from graduating, she knew it would be a tough battle. However, two years later, she has emerged victorious.
KU had refused to release her Continuous Assessment Test (CAT) marks for the UCU 104 unit, thereby preventing her from graduating despite her having completed more than the required number of units.
Ms Nyambura enrolled at KU in September 2009 and completed her coursework by December 2013. However, she could not graduate due to missing marks in seven units.
She later resolved six of these, except for UCU 104.
During the 2020/21 academic year, she re-registered for the unit, but technical issues prevented her from taking the online CAT. She promptly informed Dr Kimencu, who then scheduled a sit-in CAT for February 19, 2021, which Ms Nyambura attended.
Despite submitting her completed CAT again via email in June 2022, KU informed her that the marks for the CAT had not been recorded.
Ms Nyambura Kimani who won a landmark ruling against Kenyatta University over missing marks.
Photo credit: Courtesy
In December 2022, she was advised to withdraw from the unit, as it was no longer mandatory for her course. However, she was then summoned to a boardroom at the university, where she claims she was reprimanded by lecturers for taking legal action and informed that the unit would not be withdrawn because she had decided to sue.
She said that being refused graduation despite meeting the academic threshold was not only unfair, but had also caused her mental anguish, including a miscarriage.
Following a two-year court battle, KU was ordered to pay Sh850,000 in damages and to include Ms Kimani in its next graduation list.
Milimani High Court Judge Lawrence Mugambi ruled that the university's actions, or those of its agents, were unfair, irrational and illegal, and in violation of the Constitution.
"An order of mandamus compelling the respondents herein to include the petitioner in the earliest graduation list of KU. An award of Sh850,000 for the violation of the petitioner’s rights to fair administrative action under Article 47 of the Constitution," the judge ruled.
The entrepreneur and business development strategist says her landmark case will help other students at universities who are facing similar situations.
The digital activist, who is currently living, studying and working in Washington, D.C., USA, wishes that her father, who died in 2022, could have lived long enough to see her graduate.
“I faced an injustice. Many lecturers were very shocked at what was happening. They couldn’t understand why KU was letting it get this far. I hoped we would win, I prayed for it. My friends and family prayed for it. My lawyer fought like hell,” she said.
Ms Kimani had to manage her expectations because it was a significant case involving a leading educational institution.
“So I wouldn’t say we fully anticipated a landmark ruling. The ruling was a great surprise, but well deserved and such a vindication,” she added.
After the ruling, Ms Kimani said that she now wants to live life to the fullest.
“I have visited three countries and hoping to do another four before the year ends. I just want to keep doing what 30 year olds do – live! But I’m always on the lookout for my next lawsuit – I love litigation,” she added.
In the event that KU appeals the judgment, Ms Kimani said she is prepared to wait.
The main entrance to Kenyatta University along Thika Superhighway.
Photo credit: Wilfred Nyangaresi | Nation Media Group
“I have a very good lawyer, so I’m not worried. Furthermore, Justice Mugambi’s well-reasoned ruling is hard to fight. But we are ready. Even if this matter goes all the way to the Supreme Court, it is a precedent setting matter,” she added.
“My story has been heard and this has gone down in history books. The little guy can win. That’s the lesson. The little guy has a chance! KU can bring it on, we are ready,” said Ms Kimani.
After the ruling, Ms Kimani took to X to celebrate her win.
She said it was sad that her father did not live to see her vindication or graduation. She said that her father cared about her success and his death had been difficult for her.
“It’s tough to have something like that stolen from you, and you don’t even realise the significance of it until you’re in the moment where you’re celebrating but grief is hitting you,” she added.
However, she is sure that he would be proud of her.
“He said it so many times, but I still wish he saw this moment,” said Ms Kimani.
Ms Kimani said she had received many messages from people who had experienced the same thing at public universities.
Her tweet on X has also received hundreds of comments from people who have either experienced the same thing themselves or know someone who has.
“What do you mean someone’s paper is missing? Universities need to be held accountable, especially because they take advantage and use missing marks as a way to extract more fees and tuition from students,” said Ms Kimani.
She says that a class action is needed because there are far too many victims, and a change in how students and people in academia are dealt with is required.
Ms Kimani said that she used to be too embarrassed to talk about her situation, but it turns out that many other people have experienced the same thing.
She says that she was unable to get a job or even consulting work in many places because she didn’t have a degree certificate.
Even when she provided her transcripts, employers still wanted to see the degree certificate.
However, she didn’t let this stop her. She adjusted her strategy, built her brand, and started a business based on her skills.
Once people saw her skills, the degree became irrelevant.
“It then turned out that the more experience I got the less it mattered. I’m a fighter, so many doors closed, but I kept moving and I kept knocking and every so often I’d get a yes,” she added.
However, Ms Kimani says that the only things she lost were time and her mental health, which suffered greatly.
“All the time I wasted going back and forth to KU re-siting units, talking to lecturers, writing letters, having meetings, the mental anguish, anxiety, embarrassment, that was the biggest loss to me and were the biggest inhibitors of my growth,” she added.
“Imagine never having graduated. I’d feel like a failure sometimes. But I kept moving. I didn’t stop. I kept going,” she said.
