High Court orders Public universities to admit students with pending fee dues

Nairobi, 

Friday, 23 August, 2024 

McCreadie Andias 

The High Court has ordered Public Universities to comply with the directives of the new Funding model and allow all qualified students to get admissions into the universities, acess learning, even with pending fee dues. 

The move echoes the recent directive by Education CS Julius Migosi who also instructed Vice-chancellors of public universities to admit all students without fees.

Migosi directed that students should be admitted unconditionally and assisted to aquire accommodation, even if they cannot pay immediately.

“The Ministry of Education wishes to inform all students who have qualified for university education that they are guaranteed a place in their chosen institutions, irrespective of their ability to immediately pay their household contribution,” Migosi said in a statement.

The decision is a reprieve for parents but will be a major pain for institutions already grappling with inadequate funds, leading to half salary for staff.

The delayed and half salary for staff is subject of an impending strike already called by the University Academic Staff Union (UASU).

And the push to admit all students without fees, VCs said, might worsen the already poor funding situation in public universities.

CS Migosi however said the decision aims to expand access to higher education and ensure no deserving student is denied opportunity to pursue further st

Meanwhile, the Ministry of Education has announced that it has processed 127,591 student loan applications and categorised them under the five bands in the new controversial Higher Education Funding model.

This comes after 12,598 students have lodged complaints of being placed under the wrong bands, and seeked to be replaced into different categories.

CS Ogamba said the ministry has begun reviewing the complaints and will conclude within three weeks from the date of each appeal.

He noted that so far, Ksh.5.2 billion has been released to the Higher Education Loans Board (HELB) for tuition and upkeep loans. Out of this, Ksh.2.8 billion has been released to the Universities Fund for scholarships.

"The funds are now being disbursed to the respective university and student accounts, upon ascertainment of students' reporting and admission," he said.

Further, he confirmed that the deadline for applying for funding has been extended from August 15, 2024 to December 31, 2024 to allow for late appeals.

"To ensure that all applicants are categorised fairly and that no one is deprived of deserved funding, we are working with officers from the National Government Administration Office, in a multi-agency approach," he added.

"These officers will assist in verifying the information provided by applicants from their respective jurisdictions, across all the 106,600 villages in the country."

The CS appealed to the students to provide accurate information when filling in the applications to allow them be placed in the correct categories.

Chief Justice Martha Koome was the most recent government official to take on the issue with the new university education funding model, terming it discriminatory.

In a statement on Thursday , The CJ said if the current model is implemented as it is, there will be a serious inequality gap in the universities and has called for a review of the whole structure.

Koome now suggests that all bursaries be collapsed into one to make education free for all, as the fate of thousands of learners set to join universities for their higher learning remains in limbo and confusion continues to reign in the new university funding model.

"That a child who has qualified to go to the university can be there crying, saying I have been put in Band 5 when I ought to be in Band 1 and therefore I cannot afford to go to the university,” Koome said.

The Ministry of Education used the Means Testing Instrument (MTI) to determine the appropriate financial assistance each learner deserves based on self-generated information on their family background, including monthly income. However, the disparity and unfairness occasioned by the banding threaten to lock needy and vulnerable learners from accessing higher education.

Senior Counsel and Narc Kenya leader Martha Karua also termed the model as unconstitutional and open to manipulation. According to Karua, no or little public participation was done before the government embarked on the new funding model, which was hurriedly implemented.

"This model, if implemented without public participation, will be unconstitutional... it is denying countless young Kenyans the chance to better their lives,” said Karua.

Governors are also raising concerns over the implementation of the model.

Nyeri Governor Mutahi Kahiga says the government was quick to introduce the new funding model without involving all stakeholders.

"This government is in a rush to bring new things, from SHIF now the funding model. even if they say it will be good, let us first set it aside so that we can keenly look at it all around,” Kahiga noted.