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USIU ordered to pay former student Sh100,000 over failed elevators

The High Court has ordered the posh and privately owned United States International University (USIU)- Africa to compensate a former student living with disability Sh100,000 for subjecting her to physical and psychological torture more than six years ago after the lifts failed and she had to be carried upstairs to write an exam.

In her ruling, High Court Judge Justice Patricia Nyaundi ruled that the university infringed on the rights of Gathoni Kimani, over the failure to take appropriate steps to accommodate her on August 10, 2016 when the lifts at the institution malfunctioned.

“In the instant case, it has been established that the plaintiff’s rights were infringed. Having considered the nature of the violation, the applicable law, the unique circumstances of this case, I find that an award of Kshs100,000 would be reasonable in the circumstances.” Justice Nyaundi ruled.

Kimani, an advocate of the High Court, was due to write an exam on the fateful day but the lifts to the Science Centre, the examination venue, were not working.

The former student sued the varsity over the failure to maintain functional lifts and provide a ramp and other aids to persons living with disability, even after bringing it to the attention of the university.

Kimani said the failure to accommodate her was discriminatory based on her disability and health status.

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