Court Orders Maseno University to Pay Graduand KSh800,000 and Reconsider Erased Results

The Milimani High Court has ordered Maseno University to pay David Ayieko Ougo KSh800,000 after finding that the institution violated his rights to education and fair administrative action by erasing his academic record and keeping him from his degree.

Justice Gregory Mutai delivered the judgment on Thursday, October 15, 2026. He declared the university’s decision against Ougo unconstitutional and awarded the KSh800,000 as general damages for the violation of his rights under Articles 43 and 47 of the Constitution. The sum will attract interest at court rates from the date of judgment until payment is made in full.

The court noted that Ougo had been denied his degree since December 2022, when Maseno University wiped out his entire academic record, leaving him unable to graduate. He sued the institution over the erasure.

In his ruling, Justice Mutai said the case amounted to a second proven violation of the same kind by the same institution. He referenced an earlier judgment in Petition E242 of 2023, David Ayieko Ougo versus the Regional Institute of Business Management and four others.

Beyond the damages, the judge directed Maseno University to determine afresh whether Ougo’s examination results are valid. That exercise must comply with Article 47 of the Constitution and with Sections 4(3) and 4 of the Fair Administrative Action Act, and must be completed within 60 days of the judgment.

The university is required to serve Ougo with written notice of its concerns about his results. It must also provide him with the investigation report dated October 6, 2023, the relevant mark sheet and any other material it intends to rely on.

Ougo must be given at least 14 days to respond in writing and to produce any material in his possession. The court further ordered that he be granted an oral hearing, and that the university consider all records it holds, including examination scripts and papers kept by its examination office.

After the fresh determination, Maseno University must issue a written decision specifying any units found and verified, together with the reasons for those findings. That decision is to be served on Ougo within the same 60-day window.

If the university verifies his results and no units remain outstanding, Justice Mutai ordered that it issue Ougo an academic transcript and a letter of completion within 14 days of that decision. The institution must also include him in its next graduation list.

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