The high court has today quashed the decision by Kenyatta University to suspend one of their law students and further ordered that her name be included in the upcoming graduation list.
In the case, Esther Watende had challenged the decision by KU to suspend her from the university for allegedly engaging in exam malpractices.
Through lawyer Danstan Omari, Watende had argued that the university never gave her a chance to defend herself and even after retaking the exam they had refused to include her in several graduations since 2021.
In his judgment, Justice Lawrence Mugambi ruled in favour of Watende holding that the University’s actions were in violation of article 47 of the constitution as well as section 4 of FAA.
The court further quashed the decision by the University suspending Watende.
“An order of mandamus issued compelling the respondent to issue the petitioner with their transcript and degree certificate as well as to include the Petitioner in the forthcoming graduation list,” the court ordered.
KU had forwarded Watende’s name to the Kenya School of Law where she had already started classes for admission to the bar.
However, they later suspended her for alleged exam malpractice that occurred two years prior which made her drop out of KSL for lack of requisite papers.
She told court that the continuous violation of her rights by the university has taken a toll on her and put a strain of her relationships with her family.