The long running debate over how universities should conduct assessments in the digital age took a decisive turn this week after the courts weighed in on a dispute involving one of Kenya’s oldest institutions.
At the centre of the case were concerns about fairness, credibility and the evolving nature of higher education examinations.
The High Court has upheld the University of Nairobi’s decision to move examinations for its Bachelor of Laws (LLB) Module II Evening Programme from online to physical mode, agreeing with the institution that in person exams were necessary to protect academic integrity.
The ruling follows a petition filed by a group of law students who had challenged the university’s directive, arguing that the sudden shift from online examinations to physical sittings was unreasonable, disruptive and failed to take into account their personal and professional circumstances.
Many of the affected students are working professionals who enrolled in the evening programme on the understanding that assessments would remain online, as had been the case in previous semesters.
In its determination, the court noted that while students’ expectations were understandable, the university retained the mandate to determine the mode of assessment, provided the decision was lawful and rational.
The judge observed that universities have a constitutional and statutory obligation to maintain the credibility of their academic programmes and qualifications.
The University of Nairobi defended its decision by raising concerns over academic dishonesty, including impersonation, collusion and difficulties in effectively supervising online examinations.
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The institution argued that the integrity of its law degree, which feeds directly into the legal profession, could be compromised if assessments were not adequately controlled.
The court agreed, stating that academic integrity is a legitimate and compelling interest that can justify changes in examination procedures.
It further held that there was no evidence the university acted in bad faith or targeted students unfairly.
According to the judgment, the decision applied uniformly to all candidates in the programme and was communicated in advance.
While dismissing the petition, the court acknowledged the inconvenience the shift might cause to some students but emphasised that personal hardship alone could not override institutional standards.
The judge added that higher education institutions must be given reasonable autonomy to respond to emerging challenges, including those posed by technology.
The ruling is expected to have wider implications for universities across the country, many of which expanded online learning and assessment during the COVID-19 pandemic.
As institutions gradually revert to traditional systems, similar disputes may arise, particularly among part-time and evening programmes.
For the University of Nairobi, the decision offers legal backing for stricter examination controls, while for students, it serves as a reminder that flexibility in learning does not always extend to assessment methods.
The case underscores the delicate balance universities must strike between accessibility, innovation and academic credibility.
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