The High Court on Thursday issued conservatory orders that temporarily halt the implementation of the new higher education funding model until the case filed by the Kenya Human Rights Commission (KHRC) and three other petitioners is heard and determined.
The conservatory orders mean that the new education funding model will not be implemented immediately. This means that students will continue to pay their fees according to the old model.
Justice Chacha Mwita gave the respondents 14 days to file their submissions, and highlighting of the submissions will be done on December 16, 2024.
Mwita in his ruling observed that the case took longer because the respondents delayed in filing their submissions.
However, the court has not ruled on the merits of the case, and the final outcome of the petition could result in changes to the education funding model.
The petitioners led by the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus, argued that the funding model is discriminatory and locks thousands of students out of higher education.
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They had moved to court on October 13, 2023, seeking orders to halt the implementation of the funding model.
They pointed out that the funding model will lock out many students from less privileged backgrounds from accessing university funds.
KHRC cited the implementation of the new funding model as a breach of Kenyan learners’ rights.
They also argued that President William Ruto did not follow due process when he launched the model.
In the new funding model, students are segmented into 5 bands, students from vulnerable and extremely needy households would receive full funding while the less needy will get up to 90 percent funding.
University students had opposed the new model with their leaders calling for its scraping off.
By Obegi Malack | obegimalack@gmail.com
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