High Court declares new university funding model unconstitutional

High Court Judge Chacha Mwita has ruled that the new education model fund is unconstitutional, saying that it's discriminatory since students in Kenya have a right to education.

The court further said that it's the government’s responsibility to fund public universities, adding that passing the responsibility to parents is a violation of the Constitution, adding that legitimate expectation was violated.

According to the judge, public participation was necessary before enrolling the model, adding that there were legislative points that were to be tabled and subjected to the Parliament.

"It should have been subjected to the public so that the public comments before it's implementation," the court noted.

The case was filed by the Kenya Human Rights Commission (KHRC) last year, arguing that the model is unconstitutional and does not prioritise needy students.

Petitioners opposing the model cited that the new model has created confusion in selecting TVET courses as students face delays due to a lack of clear instructions from the Kenya Universities and Colleges Central Placement Service (KUCCPS). 

"The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined and illegality; an affront to the right to education as part of economic social rights," part of the petition read.

"The respondents have accordingly acted illegally and ultra vires in the implementation of the funding model to the detriment of hundreds of thousands of universities and TVET students and their families." 

On October 3, 2024, the court issued orders temporarily halting the implementation of the model pending the determination of the case filed by KHRC, Elimu Bora Working Group and the Students' Caucus.