A student attached to Machakos University has sued the institution for allegedly failing to help her find her missing marks in a certain unity, denying her rights to graduate on time hence violating her constitutional rights.Rose Onyango through Omondi, Omeri and Mwaura advocates has filed a suit at the Machakos high court in which they have laid out strong grounds that they believe the court will abide by to decide the suite..Onyango through her lawyer says in court averts that; The University violated her rights by calling her for a disciplinary action without a notice, failing to mark her transcript, Exposing the Petitioner to distrust by right thinking members of the society, including their families, for lacking marks for an exam they rightly undertook, Failing to be accountable to the Petitioner on what exactly transpired that led to her missing her marks and being unclear on the redress for the same.She now wants the court to intervene and help her get justice by making a declaration that ; the Respondent’s act of subjecting the Petitioner to a disciplinary hearing process without issuing a Notice to Show Cause informing the Petitioner of the charges leveled against her and giving her reasonable time to respond to the same amounted to a Trial by ambush and is in violation of the Applicants’ rights and fundamental freedoms under Article 10, 27, 28 35 (1) (b), 43 (10 (f), 47, 50 and 55 (a) of the Constitution, a declaration that the Respondent’s act of refusal to issue a decision after holding to conclusion the disciplinary hearing against the Petitioner on 26th May 2023 is in violation of the Applicants’ rights and fundamental freedoms under Article 10, 27, 28 35 (1) (b), 43 (10 (f), 47, 50 and 55 (a) of the Constitution, a declaration that the Respondent’s act of failing to provide the Petitioner with her marks for the Unit: Monetary Theory and Policy her examinations booklet and the examinations signing sheet for the said Unit, for which the Petitioner duly sat examinations for is in violation of the Applicants’ rights and fundamental freedoms under Article 10, 27, 28 35 (1) (b), 43 (10 (f), 47, 50 and 55 (a) of the Constitution, a judicial review order by way of certiorari does issue to bring into this Court and compel the Respondent to duly provide the Petitioner with her missing marks for the Unit; Monetary Theory and Policy and her examination booklet, a judicial review order by way of certiorari does issue to bring into this Court and quash the decision of the Respondent to take the Petitioner through and procedurally and substantively flawed disciplinary hearing process, a judicial review order by way of certiorari does issue to bring into this Court and quash the decision of the Respondent to re-try the Petitioner on account of having re investigated her case, after having heard and concluded the said case, only but pending rendering of a decision, a judicial review order by way of certiorari does issue to bring into this Court and compel the Respondent to provide a decision of the disciplinary committee if any, where this Honorable Court finds that the said hearing was procedurally conducted within the shortest period possible, general damages at the Court’s discretion against the Respondent for breaching the fundamental rights and freedoms of the Petitioner under the Constitution.In the court paper, the student says that she tirelessly looked for her missing marks as the graduation days was quickly approaching she only received a letter inviting her for a displinary meeting in which she was accused of allowing a third party to sit for her examination.“ Prior to sitting the said examinations, the Petitioner had gone to great length to ensure that they were adequately prepared to sit for the said examinations including attending all the required classes and putting the time and effort to effectively study for the said examinations in order to be ready to sit and pass them.. After sitting for the said examinations, the Petitioner herein eagerly awaited the release of the results for the said examinations as it is customarily, after having diligently prepared and sat for the same albeit for a whole semester,” the court papers says.The plaintiff through her lawyer adds that she was in shock, upon the release of the results for the said examinations, after she realized that she had missing marks for the said Unit despite having sat for the said examinations, signed the exams sheet confirming having sat for the same and having additionally attended all the required classes for the same.“ This prompted the Petitioner to make enquiries on the same and aptly began following up on the matter with the lecturers who taught the said unit, with no response forthcoming from the said lecturer, Mr. Gideon Masese, Mr. James Murunga and Mr. David Musimbi coupled with no indication of getting marks for an examination she had duly sat. That remained the situation for quite a while,” she said.She said that she the lecturers and institution failed to explain on time on why she had not received her marks only to get a letter inviting her to the disciplinary meeting later.“Upon further inquiries with the Respondent as to why her access to her Student’s Portal’s access had been suspended, to what would be to her utter shock and dismay, the Petition received a text message on 2nd April 2023, a Sunday inviting her for a disciplinary hearing on 5th April 2023 in the company of her parent or guardian,” the court papers reads in parts.The University is Yet to reply to the said Suit that has been filed at the Machakos high court.
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