The High Court ruled that Maseno University cancelled a student’s examination marks without giving him notice or a hearing, breaching his constitutional right to fair administrative action, and ordered a fresh review of the results within two months.

The judgment awarded the petitioner Ksh800,000 in general damages for the infringements of his rights to fair administrative action and to education.

The court set aside the university Senate’s decision to cancel the marks and instructed the institution to reconsider their validity in line with legal standards.

The dispute originated when the student was omitted from the 14 November 2025 graduation ceremony despite records showing he had fulfilled academic requirements, pending only a few outstanding items.

Judges noted that the university failed to inform the student of the concerns, did not disclose the evidence relied upon, and gave him no chance to respond before the marks were withdrawn.

An investigation report dated 6 October 2023 listed officials interviewed but omitted the petitioner and six other students, a procedural lapse highlighted by the court.

While the university cited missing marksheets, exam scripts and data‑entry irregularities, the court emphasized that the student was not afforded a fair opportunity to address those issues.

The judge refrained from deciding on the authenticity of the disputed marks, leaving that to the Senate, but required the university to follow a transparent reconsideration process.

The university must now give the student written notice of its concerns, attach the investigation report, marksheet, audit trail and any other material it intends to rely on.

The student is to receive at least 14 days to reply in writing, submit relevant documents, and be allowed an oral hearing before the responsible body, with representation of his choice.

A reasoned written decision must be issued within 60 days of the judgment; if the results are confirmed and no academic units remain pending, the university must provide a transcript, a completion letter within 14 days and enrol the student for the next graduation.

The court dismissed the university’s claim that the petition was time‑barred, ordered payment of the damages with interest at court rates, and required the institution to bear the petition’s costs.