In a significant setback for President William Ruto’s administration, the High Court has declared the newly introduced university funding model unconstitutional, halting its implementation until all legal requirements are fulfilled.
Delivering the ruling on Friday, December 20, Justice Chacha Mwita cited a lack of public participation and legal grounding as key reasons for nullifying the model. The Court found that the government failed to comply with mandatory legal provisions in developing the framework, rendering it both discriminatory and unlawful.
“The model should have been subjected to public scrutiny to allow for comments and feedback before its implementation,” Justice Mwita stated, emphasizing the necessity of public participation in policymaking.
The ruling prohibits Education Cabinet Secretary Julius Ogamba, the Attorney General, the Higher Education Loans Board (HELB), the Trustees of the Universities Fund Kenya, and the Kenya Universities and Colleges Central Placement Service (KUCCPS) from implementing the funding model until all constitutional and legal provisions are satisfied.
Case Background
In October, the High Court issued a temporary freeze on the model’s implementation following a petition filed by the Kenya Human Rights Commission (KHRC) and three other organizations. The petitioners argued that the model was discriminatory, particularly its requirement that only students above 18 years qualify for funding. They also claimed that the process violated constitutional rights to access information and lacked adequate public consultation.
The funding model categorized students into five bands based on eight variables, including household vulnerability, gender, course type, and family size. However, stakeholders, including university students, criticized the framework, citing challenges in accessing funds under the new system.
Court Observations
Justice Mwita noted delays in submissions by the government, led by the Attorney General and Education CS, further complicating the case.
“Conservatory orders are issued against the respondents from implementing the new education funding model until the hearing and determination of the petition,” the judge ruled.
The case will be mentioned on December 16, 2024, to review submissions from all parties.
Public Outcry
The funding model faced widespread criticism for its perceived rushed implementation and discriminatory features. Stakeholders voiced concerns about its potential to exclude deserving students from accessing higher education.
This ruling highlights the critical need for public participation and strict adherence to constitutional guidelines in formulating government policies.
