In a ruling made by Judge Eric Ogola on July 28, the presiding judge ordered TUM to pay Dismas Pole Mwasambu Ksh250,000 in damages.
Justice Ogola stated that the university had violated Mwasambu’s right to human dignity and right to fair administrative action and right to a fair hearing.
“General damages for violations under order (a) above assessed herein at Ksh250,000/=,” the judgement read in part.
Mwasambu turned to the court after his name was left out of the graduation list in 2018 despite completing a four-year course in TUM.
He admitted to the court that even after being issued with a letter of completion of the degree programme from the school, his name was omitted from the 2018 graduation list.
Upon enquiry, he was informed of disciplinary action that had been undertaken against him in October of the same year. The human resource management student told the court he was not made aware of it.
Dismas was subjected to a disciplinary committee. He appealed their findings to the Vice Chancellor’s office, who gave a verdict.
The VC asked him to get clearance from Ethics and Anti-Corruption Commission (EACC) for him to graduate.
Despite being cleared, TUM refused to add his name to the list of graduates, necessitating filing of the petition.
In response, the university stated that they asked the petitioner to get cleared by the EACC after he allegedly presented a fake degree certificate while looking for a job in a public entity.
It added that forging a degree is a criminal offence that leads to disciplinary action whose penalties include suspension.
Justice Ogola stated that the letter of notification submitted to the court by TUM was not similar to the one presented to the petitioner. In addition, the institution had failed to prove that Mwasambu was in possession of a fake document.
The High Court judge hence ordered the university to ensure that the petitioner graduated from the institution this year.
“An order is hereby made compelling the Respondent to include the Petitionerâ€™s name in the Respondents list of graduants for the graduation ceremony scheduled in the year 2021 and not later than that,” the judgement read in part.
In addition, TUM was also ordered to meet the costs of the petition.