Mutimba Creser Masayi Joseph v Masinde Muliro University of Science and Technology [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
Justice W. Musyoka
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Mutimba Creser Masayi Joseph v Masinde Muliro University of Science and Technology [2020] eKLR, highlighting key legal principles and implications for future judgments.

Case Brief: Mutimba Creser Masayi Joseph v Masinde Muliro University of Science and Technology [2020] eKLR

1. Case Information
- Name of the Case: Mutimba Creser Masayi Joseph v. Masinde Muliro University of Science and Technology
- Case Number: Constitutional Petition No. 12 of 2019
- Court: High Court of Kenya at Kakamega
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): Justice W. Musyoka
- Country: Kenya

2. Questions Presented
The central legal issues presented in this case include:
1. Whether the cancellation of the petitioner’s degree by the respondent without a hearing constituted a violation of his rights to fair administrative action and fair hearing.
2. Whether the cancellation of the degree was justified and proportional under the circumstances.
3. Whether the respondent’s actions infringed upon the petitioner’s rights to human dignity.

3. Facts of the Case
The petitioner, Mutimba Creser Masayi Joseph, graduated with a Bachelor of Education degree from the respondent, Masinde Muliro University of Science and Technology, on December 6, 2013. He was subsequently employed by the Teachers Service Commission. However, in May 2019, the university canceled his degree certificate, citing outstanding fees of Kshs. 198,800. The petitioner claimed that the cancellation was unjustified, especially since he had previously graduated and had been employed based on the degree. He argued that the university's actions violated his constitutional rights, including his right to fair administrative action and human dignity.

4. Procedural History
The petitioner initially sought injunctive relief in the Kakamega Chief Magistrate’s Court (Kakamega CMCCC No. 384 of 2017), where the court acknowledged that he had met all academic requirements but ultimately declined to grant the orders sought as the court had not been approached correctly. The petitioner subsequently filed a suit in the Employment and Labour Relations Court (Nairobi ELRC JR No. 7 of 2018), which resulted in an order barring the Teachers Service Commission from withholding his salary. Following these proceedings, the petitioner filed the current constitutional petition.

5. Analysis
- Rules: The court considered Articles 28, 47, and 50 of the Constitution of Kenya, which guarantee the rights to human dignity, fair administrative action, and a fair hearing. Additionally, the Fair Administrative Action Act was referenced, emphasizing the need for procedural fairness in administrative actions.

- Case Law: The court cited several precedents, including *Waliga v. Board of Trustees of Kent State University* and *Republic v. Kenya National Examinations Council, Ex parte HN G*, which established the importance of fair administrative processes. The petitioner relied on these cases to argue that the university's actions were unconstitutional due to the lack of a hearing before the cancellation of his degree.

- Application: The court found that the respondent's actions, while potentially detrimental to the petitioner, were taken to protect its interests following the disappearance of degree certificates. The respondent claimed that the petitioner’s degree certificate was issued in error due to outstanding fees, which justified their actions. The court ultimately determined that the respondent’s actions did not meet the threshold for a violation of Articles 47 and 50, as the circumstances surrounding the cancellation did not warrant a hearing.

6. Conclusion
The court concluded that while the respondent's actions violated the petitioner’s right to human dignity, the petitioner was not entitled to damages due to the circumstances surrounding the acquisition of his degree certificate. The court emphasized that the petitioner’s hands were not “clean” as he had not cleared his outstanding fees and had not explained how he came to possess the certificate.

7. Dissent
There were no dissenting opinions noted in the judgment.

8. Summary
The High Court of Kenya ruled that the cancellation of the petitioner’s degree certificate by Masinde Muliro University was a violation of his right to human dignity. However, the court denied the petitioner any damages due to the illegality surrounding the acquisition of the degree. This case underscores the complexities involved in the intersection of administrative law and constitutional rights, particularly in the context of educational institutions and their regulatory authority over degree conferral.

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