The High Court has declined to issue orders stopping the Technical University of Mombasa (TUM’s) graduation ceremony set for November 20.
Six students had moved to court seeking the orders after they were excluded from the graduation list over fee balances, and a failure to undertake the mandatory industrial attachment.
High Court Judge Eric Ogola yesterday said he will issue a comprehensive judgement on the students’ petition later and could compel the university to include them in the graduation list.
Samuel Barasa, George Bay Giani, Justus Kipruto Korir, Kerry Karembo Situngu, Kewrin Kasyoka Kalovwe, and Eunice Ndanu Katambu filed the petition.
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The institution’s Vice-Chancellor and the Attorney General were cited as the second and third respondents in the suit.
The students, through their lawyer Wandera Odindiko, argued that they had met all the qualifications, including paying fees and writing exams.
“The students would not have been allowed to sit for the exams if they had a fee balance,” said Mr Odindiko.
However, TUM, through lawyer Wachira Guyo, said apart from not having paid fees, some of the students had also not written some supplementary exams.
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Justice Ogola said he would make his determination today on whether the students shall be allowed to graduate.
“I have carefully heard the application by both parties and I decline to issue interim orders, I will issue a judgement on November 14,” he said.
Mr Guyo had earlier argued that preparations for the graduation were already underway, and issuing injunctive orders would affect the whole process.
“The university is not to blame because it communicated to the students through memos on what they need to do to graduate,” he said.