A group of 21 former Technical University of Kenya (TUK) students won a court case against the institution after a judge found that the university violated their constitutional right to fair administrative action in its handling of missing examination scripts.

The dispute involved students pursuing diploma programmes in Mechanical and Mechatronics Engineering who had sat a mathematics examination in May 2012. According to the court record, the examination papers were collected for marking but were not returned to the university and the students’ marks were not submitted.

The students later completed the examinations required for their courses in December 2013 and were expected to graduate in December 2014. However, the unresolved mathematics results prevented them from being included in the graduation list.

In its defence, the university explained that the lecturer responsible for the examination had failed to return the scripts or submit the students’ marks.

The High Court found that TUK had sufficient time to address the problem before the students completed their studies and were due to graduate. The court said the university could have taken action earlier, including informing the affected students and arranging for them to retake the examination.

Justice James Makau found that the institution’s failure to resolve the matter for about a year and a half was unreasonable and procedurally unfair.

“The Respondent had all the time needed to rectify the situation or take decisive action to dispose and resolve the matter,” the court said, according to the judgment.

The judge also criticised the university for failing to provide the students with reasons for their exclusion from the graduation list, finding that its handling of the matter violated Article 47 of the Constitution, which guarantees the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

The case, Charles Kaindo Kuria & 20 others v Technical University of Kenya, highlighted the consequences that administrative failures in handling examination records can have on students who have otherwise completed their academic programmes.

The High Court found that the university’s delay had denied the students the opportunity to graduate as expected and awarded each of the 21 petitioners KSh148,764.

The dispute later reached the Court of Appeal, where the finding that the students’ right to fair administrative action had been violated was upheld. However, the appellate court revised aspects of the earlier decision, including the compensation awarded.

The case underscores the legal responsibility of universities to handle examination records and students’ academic concerns within a reasonable period and to communicate decisions that may affect graduation or academic progression.

For the affected TUK students, the legal victory confirmed that the university’s failure to deal promptly with the missing examination records amounted to a violation of their constitutional rights.

The High Court judgment is publicly available through Kenya Law, the official repository of Kenyan court decisions.