The High Court has nullified the new university funding model introduced in May 2022, declaring it unconstitutional and unlawful. Justice Chacha Mwita ruled on Friday, December 20, that the model lacked a legal framework, was discriminatory, and failed to include public participation, which is a constitutional requirement.
“It should have been subjected to public scrutiny to gather feedback before implementation,” Justice Mwita stated.
Key Findings of the Ruling:
- Lack of Legal Basis
Justice Mwita noted that the funding framework was introduced without adhering to the necessary legislative provisions. - Exclusion of Public Participation
The absence of public input was a significant breach of constitutional principles. - Discrimination Against Needy Students
The Kenya Human Rights Commission (KHRC) argued that the model disproportionately disadvantaged financially vulnerable students.
As a result, Justice Mwita directed the Education Cabinet Secretary Julius Migos, Attorney General, Higher Education Loans Board (HELB), Trustees of Universities Fund Kenya, and Kenya Universities and Colleges Central Placement Service (KUCCPS) to halt the model’s implementation.
About the Funding Model:
The government introduced the Higher Education Funding Model to address financial constraints in public universities and Technical and Vocational Education and Training (TVET) institutions. It replaced the Differentiated Unit Cost (DUC) system, shifting to a student-centered approach where financial aid was allocated based on individual needs.
However, KHRC’s petition highlighted flaws, including delays in TVET course selections and confusion from KUCCPS. It labeled the model arbitrary and an infringement on the right to education.
Impact of the Model:
The implementation sparked protests among university students, with many rejecting it. The funding delays caused some students to miss university placements. Additionally, the court criticized the government for transferring financial responsibility to parents, violating their legitimate expectations.
Justice Mwita’s decision reaffirms the government’s obligation to adequately fund public universities and ensure equitable access to education.