BY SAM ALFAN.
The High Court has ordered the University of Nairobi to compensate a former prost-graduate student Sh500,000 for delaying his Master’s degree programme, which should ordinarily take two years, for five years.
Justice Weldon Korir said the mistreatment meted upon Paulpeter Makanda Makokha by the institution through his project supervisor, was unfair and he deserved to be compensated.
“The Petitioner has also established that the unwarranted delay in the completion of his Masters studies violated his right to education. He had legitimate expectation that he would complete his degree course within two years as indicated in the letter of admission,” the Judge said.
According to the Judge, there is no evidence to show that Makokha contributed to the delay in the completion of his studies.
Evidence presented in court showed that Makokha, was admitted to the University in August 2009 for a Master’s degree. He commenced his coursework in January, 2010 and upon completion of the coursework, he was assigned Dr Robinson M. Ocharo, in 2012 as his supervisor.
But he claimed that due to the unavailability and lack of cooperation by Dr Ocharo, he ended up graduating in December 2016, actions which he described as a violation of his constitutional rights.
He accused the Don of taking him in circles during the process resulting in the delay. He was subsequently assigned another supervisor and graduated. He also accused the institution for failing to quickly respond to his plight and that of other students.
Through KMK Africa Law Advocates, Makokha pointed out that UoN frustrated his chances of securing employment due to the incomplete Master’s studies.
He further said the delay tainted his resume since it indicates that he took five years to complete a two-year programme, which certainly affects the perception of potential employers, on his capabilities.
Other than compensation, Makokha wanted the university to put in place measures to ensure that the constitution and the values espoused by its Charter of Service Delivery, are complied with.
The case was first heard by the Commission of Administrative Justice, which directed UoN to put measures in place to ensure accountability of supervisors and regular monitoring of supervision standards and ensure that the regulations and guidelines are strictly enforced.
In response, UoN submitted that the former student did not exhaust the alternative dispute resolution mechanisms. The court rejected the defence sating it was without merit.
The institution also said it was not guaranteed that Makokha would take exactly two years to complete his studies.
The court heard that writing a thesis proposal is an academic process and not an event and thus entails fulfillment of academic standards before one can be cleared to proceed to the next level.
Makokha tabled SMS messages evidence showing how he sought appointments with his supervisor without success. At times, he would travel to Nairobi all the way from Kakamega only to find Dr Ocharo not available. The Supervisor never responded to his messages or answered his calls.
In the judgement, Justice Korir said there was no evidence to show that the writing of the thesis was delayed by Mr Makokha.
“Taking into account the expenses incurred by the Petitioner, and considering the delay of about five years in the completion of his studies, I find that an award of KShs.500,000 is appropriate as general damages in the circumstances of this case,” the judge said.
