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Moi University v. Violet Ombaka Otieno, Obegi Malak Ochweri, Ndirangu Tabitha, Verah Shawiza Manyonyi, Maureen Kwamboka, Yvonne Akhago Buluma, Omondi Linda Akinyi, Kamau Muthoni, Sarah Karanja Wanjiku, Jakoyo Paullete Akinyi, Ruth Wamboi Mwangi, Karanja Susan Waithira & Patience Mbithi Kamutu

(2020) JELR 98972 (CA)

Court of Appeal  •  Civil Application 147 of 2020  •  7 Aug 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Daniel Kiio Musinga

Judgement

RULING OF THE COURT

1. On 21st August, 2019, Nyamweya, J. issued the following orders against the applicant:

“I. A declaration be and is hereby issued that the Respondent’s action of not including the Petitioners in the final list of graduands for the Respondent’s 38th Graduation Ceremony scheduled for 22nd August 2019 was discriminatory, and violated the Petitioners’ rights to non-discrimination, dignity, freedom from psychological torture, and fair administrative action contrary to Articles 27, 28, 29(d) and 47 of the Constitution.

II. A declaration be and is hereby issued that the Respondent’s action of not including the Petitioners in the final list of graduands for the Respondent’s 38th Graduation Ceremony scheduled for 22nd August 2019 is a violation of the Petitioners’ legitimate expectations.

III. An order be and is hereby issued granting each of the 1st to 13th Petitioners herein an award of Kshs.50,000/= as nominal damages for infringement of their rights under Articles 27, 28, …

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