High Court Declares New University Funding Model Unconstitutional » Capital News
NAIROBI, Kenya Dec 20 — The High Court has nullified the government’s new university education funding model, declaring it unconstitutional and discriminatory.
Justice Chacha Mwita ruled on Friday that the model violated students’ legitimate expectations and was implemented without adequate public participation, despite its significant impact on higher education.
“The government has a constitutional responsibility to fund public universities. Passing this burden onto parents is a violation of the Constitution,” said Mwita.
He added that the model should have undergone public consultation to incorporate citizens’ views before implementation.
“The changes in the funding model did not adhere to the necessary legal provisions in its creation,” he noted.
The court directed the Education Cabinet Secretary, Attorney General, Higher Education Loans Board, and other stakeholders to cease implementing the model.
The ruling follows a petition filed on October 13, 2023, by the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, Boaz Waruku, and a Students Caucus. The petitioners argued that the new model locks thousands of students out of higher education, making it discriminatory and a breach of the right to education.
The model, dubbed the Variable Scholarship and Loan Funding (VSLF), was launched by President William Ruto in May 2023. It categorized students into five bands, with those from vulnerable and extremely needy households eligible for full funding, while less needy students could receive up to 90% funding.
On October 3, 2024, the High Court had issued conservatory orders suspending the model pending the hearing of the petition. The court noted that delays by the Attorney General, Education Cabinet Secretary, and Kenya Universities and Colleges Central Placement Service (KUCCPS) in filing their responses had stalled the case.
“Pending the inter-partes hearing, conservatory orders are issued against the respondents, their servants, agents, and employees from implementing the new education funding model until the petition is heard and determined,” the court ordered at the time.
The ruling is a major setback for the government, which had touted the model as a sustainable solution for funding higher education.
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