Two students at the Technical University of Kenya (TUK) are in court seeking to have the institution compelled to allow them to graduate.
The learners, Kelvin Murithi Kayoi and Odhiambo Lawrence Magero, allege that the conduct of the institution’s Vice-Chancellor to cancel their results is contrary to the rules of natural justice. They add that they were not given an opportunity to be heard before their examination results were nullified.
“That the respondent’s decision to selectively cancel the applicants’ examinations is unfair, done in bad faith and is an abuse of power conferred upon it,” reads court documents.
The students want the court to issue orders directing the vice chancellor to avail to court copies of the marked examination papers. They are also praying for the orders to have the directive to cancel their supplementary examinations overturned.
They further argue that without a stay order, they will be adversely affected and that their rights and the immediate inclusion of their names in the graduation list for December 21, 2018, will become null.
Muriithi and Magero further claim that they had a legitimate expectation to graduate having been cleared by all the departments, including the examination office, adding that they have duly sat the examination required of them in order to be conferred with a Bachelors’ Certificate.
“That the applicants sat for their supplementary examination organized by their department upon payments of the requisite fee but the respondent unreasonably declines to recognize the said examinations and declared the same a nullity hence cancelling them,” argue the learners.
The applicants have also claimed to have written to the school administration asking for reasons why they were not in the graduation list but did not receive any satisfactory responses.
They allege that the respondents’ decision to selectively cancel their examinations is taken with a bad motive or purpose calculated to prejudice their legal rights.