The Kenyan High Court has declared the new university funding model illegal and unconstitutional.
In a ruling delivered on Friday, December 20, Justice Chacha Mwita found that the funding model introduced in May 2022 lacks a legal foundation, is discriminatory, and failed to undergo proper public participation.
“It should have been subjected to public scrutiny and comment before implementation,” Justice Mwita stated.
The judge ruled that the model, a key initiative of President William Ruto, did not comply with necessary legal procedures.
Consequently, Justice Mwita directed the Education Cabinet Secretary, 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 (KUCPS) to cease implementation of the model.
This ruling follows a lawsuit filed by the Kenya Human Rights Commission (KHRC) in 2023.
The Higher Education Funding Model aimed to address financial challenges in public universities and Technical and Vocational Education and Training (TVET) institutions. It shifts from the previous Differentiated Unit Cost (DUC) system, which provided block funding to institutions, to a student-centred approach that allocates funds based on individual student needs.
The KHRC argued that the model is unconstitutional because it fails to adequately support needy students. The petitioners also highlighted the confusion caused by the model in selecting TVET courses, with students facing delays due to unclear instructions from KUCPS.
The petition stated, “The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined, and illegal; an affront to the right to education as a fundamental social and economic right.”
Judge Mwita criticized the government’s attempt to shift the financial burden onto parents, stating that it is the government’s responsibility to fund public universities. The judge further emphasized that this shift violates the Constitution and infringes upon legitimate expectations.
The implementation of the funding model sparked widespread protests from university students who largely opposed it. The model has resulted in some students missing out on university placements due to a lack of funding.