Man sues University of Nairobi don for delaying his graduation
The entrance to the University of Nairobi.
A man has sued a university professor accusing him of frustrating him during supervision of his masters’ degree project, causing a delay in completion of his academic studies.
Mr Omar Jibich Abayo claims that Prof Zachary Bolo was unavailable to discuss matters pertaining to research as is required, depriving him academic supervision and proper guidance.
In his petition at the High Court in Mombasa where he has also sued the University of Nairobi and its Vice Chancellor, Mr Abayo accuses Prof Bolo of failing to provide academic mentorship and role modelling expected of him as a supervisor.
Mr Abayo says that he joined the university’s School of Business where he enrolled for a Masters of Business Administration and after completion of his coursework in 2016 he embarked on his research and was allocated Prof Bolo as his supervisor.
According to the petitioner, he set about his research and collected data in good time to enable him to analyze, interpret and present findings in line with the research objective as agreed with Prof Bolo.
The petitioner claims that in pursuit of his research project and final thesis, he faced hurdles from the conduct and demeanor of the don.
“The petitioner went to great lengths to set up meetings with the first respondent (Prof Bolo) and despite confirming attendance, he failed to show up. The unwarranted delay in completion of his master studies violated his right to education and serious opportunity cost,” the petition states in part.
Mr Abayo wants a declaration that the conduct of Prof Bolo evinced by frustrating the petitioner and taking him in circles during the process of supervision, causing a delay in completion of his academic studies and that of the University and its Vice Chancellor in failing to quickly respond to his plight contravened the constitution.
Through his lawyers, the petitioner says that Prof Bolo’s demeanor was contrary to expectations of higher education institutional policy and ethics such as the University.
“The first respondent exhibited intellectual superiority and used sarcasm in a way that could seriously hurt him (petitioner) emotionally, apparently, there is no historical prudence for such action which if left uncorrected would set a bad precedent,” argues the petitioner.
He argued that despite all odds being against him, he soldiered on under harsh supervision of Prof Bolo and that as a form of punishment he was led to submit a thesis of 144 pages against the university set standard of 70.
“To add salt to injury, the first respondent posted a different title for final thesis deliberately knowing well the title on the thesis on the manuscript is different from the ones which appear in the transcript as reflected in his final transcript,” the petitioner states.
The petitioner claims that everything culminated in Prof Bolo awarding him grade C for his final thesis despite extensive work, in-depth and quality research he had undertaken.
“It is the petitioner’s belief that the award of C was made out of malice and spite which was apparent when he sought intervention from Prof Peter K’Obonyo and Dr Stephen Odo’ck,” argues the petitioner.
He added that the grade awarded was not commensurate with the quality of research he conducted hence denying him legitimate expectation of a fair grade that would match the extensive and quality research work conducted.
The petitioner argues that the first respondent was expected to promote the quest for truth and knowledge through intellectual and personal honesty in his teaching and supervision.
The petitioner is also seeking a declaration that failure by the University and its Vice Chancellor to respond to his grievances violated his right to fair administrative action and right to access justice as provided by the constitution.
Mr Abayo also wants an order issued compelling the Vice Chancellor and the University to submit his thesis for remarking and evaluation to another examiner other than Prof Bolo.
