In a landmark ruling delivered on August 12, 2024, the High Court of Kenya at Nairobi's Constitutional and Human Rights Division has ordered Egerton University to facilitate remedial courses for students who were enrolled in unaccredited engineering programs between 2014 and 2019.
The students went to court because they graduated but were unable to register with a professional body, hindering their ability to work in Kenya.
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The court found that the university violated the students' consumer rights by offering courses that did not meet the accreditation standards of the Engineers Board of Kenya (EBK).
The ruling stems from a petition filed by two former students, Ian Nyagah and Henry Mulyungi, on behalf of themselves and 55 other affected students.
The petitioners argued that they were unable to register as graduate engineers with the EBK due to the unaccredited status of their degrees, leading to significant economic losses and diminished career prospects.
The petitioners took the following engineering courses at Egerton University:
- Bachelor of Science in Water and Environmental Engineering
- Instrumentation and Control Engineering
- Manufacturing Engineering and Technology
The court's decision clarifies the roles of the Commission for University Education (CUE) and the EBK in accrediting engineering programs.
While the CUE has a general mandate to accredit university programs, the court emphasised that the EBK holds the specific responsibility for accrediting engineering programs to ensure they meet industry standards.
The court ordered Egerton University to cover the full cost of the remedial courses, which should be completed within the next three months or as agreed upon between the university and the affected students.
In the context of the judgment, "remedial courses" refer to additional coursework that the affected engineering students at Egerton University must complete to meet the accreditation standards of the Engineers Board of Kenya (EBK).
These courses are designed to fill the gaps in the students' knowledge and skills that were identified by the EBK when it evaluated the university's engineering programs.
The need for remedial courses arose because the university offered engineering programs that did not fully comply with the EBK's requirements.
As a result, students who graduated from these programs were unable to register as graduate engineers with the EBK, hindering their ability to work as professional engineers in Kenya.
Additionally, the court directed the CUE to cease accrediting engineering courses without the concurrence and input of the EBK.
This ruling sets a precedent for the protection of students' rights in Kenya's higher education sector.
It highlights the importance of universities adhering to accreditation standards and ensuring that students receive the necessary training to qualify for professional registration in their chosen fields.
The decision also highlights the role of the judiciary in safeguarding consumer rights and promoting accountability in educational institutions.