The High Court in Nairobi has ordered Maseno University to pay a former student, David Ayieko Ougo, Sh800,000 in damages after finding that the institution violated his constitutional rights by wiping out his academic record without telling him, according to People Daily. Justice Gregory Mutai of the Milimani High Court delivered the judgment on Thursday, 15 October 2026.

People Daily reported that Mr Ougo went to court after discovering that his entire academic record had been erased, a step that left him unable to graduate. The judge declared the university's decision unconstitutional and noted that the petitioner had been kept from his degree since December 2022, a period of almost four years.

Damages under Articles 43 and 47

The award of Sh800,000 is in general damages for the violation of Mr Ougo's rights under Articles 43 and 47 of the Constitution. Article 43 guarantees economic and social rights, including the right to education, while Article 47 entitles every person to administrative action that is lawful, reasonable and procedurally fair, together with written reasons where a decision is likely to affect them adversely.

According to People Daily, the judge directed that the sum be paid by the university with interest at court rates, running from the date of the judgment until the amount is settled in full.

A fresh, fair review of the results

Beyond the damages, the court set out in detail how the university must now handle the dispute over Mr Ougo's marks. People Daily reported that Justice Mutai ordered Maseno to determine afresh whether his examination results are valid, in compliance with Article 47 and the Fair Administrative Action Act, within 60 days of the judgment.

As part of that process, the institution must serve the former student with written notice of its concerns about his results. The notice is to be accompanied by an investigation report dated 6 October 2023, the relevant mark sheet and any other material the university intends to rely on.

The judge further directed that Mr Ougo be given no fewer than 14 days to respond in writing and to present any material in his possession. The university must also grant him an oral hearing and consider all the records it holds, including examination scripts and papers kept by its examinations office, the paper reported.

Once the review is complete, Maseno is required to issue a written decision setting out any units that were found and verified, with reasons, and to serve that decision on Mr Ougo within the 60-day window.

Transcript and graduation

The court also spelt out what should follow if the review goes in the former student's favour. People Daily quoted the judge as ruling that, should the university verify the results and find no units outstanding, it must issue Mr Ougo with his academic transcript and a letter of completion within 14 days of its decision, and include him on its next graduation list.

The orders effectively give the university a clear timetable to either substantiate its concerns through a fair process or clear the way for Mr Ougo to finally receive his degree.

Maseno University's response to the judgment was not reported, and it was not immediately clear whether the institution intends to appeal.

Photo: Maseno University main gate. Palatbl via Wikimedia Commons, CC BY-SA 4.0