This archive report was first published on 7 July 2020.
University De-Registration Conundrum ¶
On October 26, 1998, a student joined a local university for a Master of Arts degree programme. However, their academic journey was marred by delays and administrative issues.
After defending their MA Thesis in September 2005, the student was expected to complete corrections within three months from February 2006. However, absentee supervisors delayed marking corrections, and the student was forced to take a job opportunity in South Sudan.
Upon returning to the country in 2015, the student found that they had been de-registered on May 25, 2013. Despite submitting two copies of their thesis to the Institute, the Director of the Board of Postgraduate Studies declined to accept it.
The student then appealed against de-registration, but their appeal was in vain. With all fees paid, the student is now seeking legal aid to challenge their de-registration and pursue their Master's degree.
Published on July 7, 2020, this article explores the legal framework governing higher education in Kenya, the role of the university senate, and the student's grounds for moving the court or tribunal of competent jurisdiction.
Key points include:
- The Universities Act, No. 42 of 2012, grants universities autonomy in academic affairs, including the power to determine eligibility for admission and standards of proficiency.
- The university senate is the supreme academic body responsible for adjudicating and standardizing admissions, curriculum, examinations, discipline, and welfare of students.
- Article 47 of the Constitution of Kenya 2010 provides that administrative actions must give prior and adequate notice, an opportunity to be heard, and notice of the right to review or internal appeal.
- Section 7 (2)(a)(i)(ii) and (iii) of the Fair Administrative Act, 2015, allows a court or tribunal to review administrative actions if the person was denied a reasonable opportunity to state their case.
The student's case highlights the importance of procedural fairness and natural justice in administrative actions. With grounds to move the court or tribunal, the student is seeking readmission and an order to compel the university to furnish necessary support towards completing their Master's course.
