Missing marks and result cancellation has been a nightmare to many university students. Two Technical University of Kenya (TUK) students have moved to court seeking to have the institution compelled to have them graduate.
The applicants, Kelvin Murithi Kayoi and Odhiambo Lawrence Magero, claim that the conduct of the university Vice Chancellor is contrary to the rules of natural justice, saying they were not given an opportunity to be heard before their examination results were cancelled.
“That the respondents 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.
They now want the court to issue orders directing the vice chancellor to bring to court copies of the marked examination papers sat by the students. They are also praying for the orders to have the directive to cancel their supplementary examinations quashed.
The applicants 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 nugatory.
They 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 two students.
The students 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 further argue that the respondents’ decision to selectively cancel their examinations is taken with a bad motive or purpose calculated to prejudice their legal right