Court suspends implementation of higher education funding model

By Peter Ochieng

President William Ruto’s Kenya Kwanza administration has suffered yet another blow in court.

The High Court has temporarily suspended implementation of the new Higher Education Funding (HEF) model.

The Court on Thursday ruled that implementation of the model stands suspended, until the case filed by the Kenya Human Rights Commission (KHRC) and three others is heard and determined.

Petitioners in their case argue that if allowed as it is, the new model will lock out hundreds of students from getting university funding.

They added that the funding model is discriminatory because of the requirement that a student must be above the age of 18, to apply for funding.

Justice Chacha Mwita of the Milimani High Court stated that the case took longer because the government led by the Attorney General’s office, Education Cabinet Secretary (CS) Julius Ogamba and the Kenya Universities and College Central Placement Service (KUCCPS), delayed in filing their submissions.

The case will be heard on December 16, 2024. 

While launching the model in May 2023, President Ruto said the government would fully cater for education costs of vulnerable and extremely needy students who comprise 29 per cent of the student population joining university and TVETs, through government scholarships, loans and bursaries.

"For the first time, students whose families are at the bottom of the pyramid shall enjoy equal opportunity in accessing university and TVET education. Their households shall not make any contribution towards the education of their children," he said.

However, the new funding model attracted widespread condemnation from Kenyans, after hundreds of university students complained of being placed in wrong bands.

As such, the President in mid September, appointed a national working committee to review the model.

In a gazette notice, Ruto stated the committee shall have four sub committees that shall be tasked with different roles, including the review of the new funding model for Universities and Technical, Vocational Education and Training Institutions (TVETs).