A former student of Jomo Kenyatta University of Agriculture and Technology (JKUAT) has lost an eight-year battle to obtain his university degree after the High Court dismissed his petition challenging the institution’s decision to deregister him.
Abraham Kyulu Mutua had moved to court seeking orders compelling JKUAT to release his missing examination results, include his name on the graduation list and issue him with a degree certificate.
He also sought compensation, arguing that the university’s failure to resolve his academic records had caused him psychological distress, professional embarrassment and denied him employment opportunities.
Mutua told the court that he had completed his fourth year of study in December 2019. He claimed that he had been assured that two missing examination marks from his first year would be updated to allow him to graduate.
However, JKUAT opposed the petition, maintaining that Mutua had been deregistered in May 2018 after failing to register for the 2017/2018 academic year.
The university’s Registrar of Academic Affairs, Dr Aggrey Wanyama, told the court that the decision followed a resolution by the Senate Board of Examiners during a meeting held on May 10, 2018.
According to the university, Mutua’s academic records also contained several failed units and pending supplementary and special examinations dating back to his first year.
Mutua challenged the university’s position, presenting documents including a student identification card valid until 2020, school fees payment receipts, an industrial attachment recommendation letter and evidence that he had submitted his fourth-year project in January 2020.
He argued that it was unfair for the institution to continue receiving his fees and academic work while maintaining that he was no longer a registered student.
However, Justice D. Kemei, in a judgment delivered on October 30, 2026, ruled that the documents presented did not establish that Mutua had been officially readmitted after his deregistration.
The judge observed that Mutua had not challenged the authenticity of the Senate minutes documenting his discontinuation in 2018. He also failed to provide evidence showing that the university had reversed the decision.
The court further dismissed his reliance on a December 17, 2019 letter which he claimed confirmed that he had completed his studies.
JKUAT disputed the letter, arguing that the person who allegedly signed it was not authorised to clear students for graduation.
Justice Kemei agreed, finding that the position indicated in the letter did not exist in the relevant department and that the correspondence had not been issued by an authorised university official.
The judge also noted that Mutua had unresolved academic requirements, including failed units and pending examinations from his first to third years.
In explaining the decision, the court stated that the constitutional right to education did not automatically entitle a student to a degree without satisfying the institution’s examination and academic requirements.
The judge also considered Mutua’s admission that employment commitments from September 2020 had prevented him from immediately following up on his graduation status.
Although the court expressed sympathy for his circumstances, it concluded that he had failed to demonstrate that JKUAT violated his constitutional rights.
Consequently, the High Court dismissed his petition for lacking merit, with no orders on costs.
The case, which was filed on June 25, 2025, had sought to force the university to release his academic results and award him the degree he believed he had earned.