The courts have overturned President William Ruto’s new university funding model, prompting his administration to reconsider a plan that has left many students unable to afford their studies.
Introduced on May 3, 2023, the model aimed to distribute financial aid to university and Technical and Vocational Education and Training (TVET) students based on household income.
Yesterday, Justice Chacha Mwita declared it unconstitutional, discriminatory, and lacking a legal foundation or public particpation. He criticized the State’s attempt to shift the funding burden onto parents, saying that public universities must be funded by the state.
He ruled that the model violated the Constitution, including Section 53 of the Universities Act, which requires a legally established funding system developed through public participation.
“This model allocates higher education resources without a proper legal foundation, directly conflicting with the law. It lacks statutory backing, and its structure and processes are unclear,” he said.
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The court prohibited Education Cabinet Secretary Julius Ogamba, the Attorney General, the Higher Education Loans Board, the Universities Fund Kenya Trustees, and the Kenya Universities and Colleges Central Placement Service from enforcing the system until legal requirements are met.
This ruling followed a petition from various groups, including the Kenya Human Rights Commission, the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus.
Justice Mwita emphasized that public interest relies on lawful action. He also criticized the Higher Education Board, the Education Cabinet Secretary, and the Attorney General for inconsistency—seeking an appeal to suspend his ruling while claiming an intent to comply.
He cautioned that delaying the judgment would maintain an already unconstitutional system, undermining the rule of law.
“The new funding model introduces a specific allocation of higher education resources without a proper statute, creating a funding mechanism that is in direct conflict with the law.
As it currently stands, the model is not anchored in any legal framework, and its composition and procedures remain unknown,” Justice Mwita said.
By Joseph Mambili
