Moi University has had a hard time within the last fortnight, and although the institution of higher learning held its 38th graduation ceremony today (22.08.2019), it was not a seamless process.
Students who previously claimed that the university was violating terms of the constitution, had their day in court and the results were a favorable ruling yesterday on 21st August 2019 from Judge P. Nyamweya. Based on an earlier report on The Sauce, the petitioners accused the university of violating their constitutional rights. The petition presented last week read “Article 27 guarantees every person the right to non-discrimination. The irregular and negligent and unlawful exclusion of the petitioners in the list of graduands at the 38th Graduation List, scheduled for 22nd August 2019 and the inclusion of some of their classmates is a clear violation of the petitioners right to non-discrimination. The petitioners question the criteria used to exclude them while some of their classmates were included in the list”.
And now the students are said to be awarded 50,000Ksh based on a court order issued in Mombasa yesterday. The order read, ” A declaration be and is hereby issued that the respondent action of not including the petitioners in the final list of graduands for the respondent’s 38th Graduation ceremony scheduled for the 22nd August 2019 was discriminatory and violated the Petitioner’s right to non-discrimination, dignity, freedom from psychological torture and fair administrative action contrary to Articles 27,28,29 (d) and 47….An order be and is hereby issued granting each of the Petitioners herein an award of Ksh 50,000/= as nominal damages of infringement of their rights.”
The University has also been tasked by the court to provide sufficient reasoning for non-inclusion of various students on the graduation list. The order reads, “The Respondent be and is hereby compelled to avail each of the Petitioners the reasons for their non-inclusion in the final graduation list for the Respondent’s 38th Graduation Ceremony within 30 days of this judgment.” The varsity has also been charged with including the students in the next graduation ceremony slated for December 2019.
According to a previous report on The Sauce, High Court Judge John Mativo declined to halt the 38th Moi University Graduation ceremony after students took to the court to seek justice following their names being absent from the graduation list. 13 students from Moi University, Nairobi Campus pursuing degrees in Communication and Public Relations as well as Communication and Journalism filed a petition seeking to stop University graduation ceremony until their names are included in the graduation list.