On October 3, 2024, the High Court of Kenya issued a ruling that temporarily suspended the implementation of the new university funding model proposed by President William Ruto’s administration.
This decision came after three organizations challenged the new model, leading to the issuance of conservatory orders by Justice Chacha Mwita.
The judge noted that the case had been delayed due to the Attorney General, Education CS, and the Kenya Universities and Colleges Central Placement Service (KUCCPS) failing to file their submissions in a timely manner.
The court has scheduled the case to be heard on December 16, 2024, when all parties will present their submissions.
Background of the new funding model
President Ruto’s administration had proposed an overhaul of the university funding system, aiming to address longstanding issues in higher education financing.
The new model (Variable Scholarship and Loan Funding (VSLF) ) was designed to:
- Shift from a blanket funding approach to a more targeted, performance-based system
- Introduce student loans based on need and merit
- Encourage universities to seek alternative funding sources
The funding places students into five bands based on their financial needs through a Means Testing Instrument (MTI), which has proven to be utterly ineffective.
Legal challenge and court decision
On September 13, 2024, the Kenya Human Rights Commission ,KHRC, along with the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus, filed a lawsuit against the model.
Their primary argument is that the new funding approach would prevent thousands of students from accessing necessary financial support for their education.
In response, Justice Mwita issued conservatory orders, effectively suspending the implementation of the model until the case is heard and determined.
What does this mean for Kenyan universities and students
The suspension has left many universities in a precarious position:
- Financial uncertainty: Institutions that had begun adjusting their budgets to align with the new model now face potential shortfalls.
- Operational challenges: Universities may need to revise their strategic plans and resource allocation strategies.
- Student concerns: Prospective and current students are left wondering about the future of their education financing.
Reactions from stakeholders
- University administrators have expressed mixed reactions, with some welcoming the pause for further consultation and others concerned about the potential delay in addressing funding challenges.
- Student leaders have called for clarity and assurances regarding the continuity of their education.
- The Ministry of Education has stated that it will comply with the court order while preparing to defend the proposed model.
What’s next?
As the case proceeds, all eyes will be on the High Court. The hearing date is yet to be announced, but it is expected to be a closely watched process given its implications for the future of higher education in Kenya.
Expert opinion
Dr. Mercy Mwangi, an education policy analyst at the University of Nairobi, commented:
“While the intention behind the new funding model was to address critical issues in our higher education system, this suspension provides an opportunity for broader consultation and refinement of the proposal.”
Conclusion
As the legal process unfolds, it remains to be seen how the government will navigate this challenge to its education policy. Eduplace.co.ke will continue to monitor this developing story and provide updates as they become available.
