High Court Declares New University Funding Model Unconstitutional
The High Court has ruled that the newly introduced university funding framework is both unlawful and unconstitutional.
On Friday, December 20, Justice Chacha Mwita declared the model, which was launched in May last year, invalid due to its lack of legal basis, discriminatory aspects, and absence of public input.
“The public should have been consulted and allowed to provide feedback before its implementation,” stated Justice Mwita.
The judge emphasized that the initiative, which is a key policy under President William Ruto’s administration, failed to comply with the required legal procedures during its development.
Consequently, Mwita issued orders preventing the implementation of the model by Education Cabinet Secretary Julius Migos, the Attorney General, the Higher Education Loans Board (HELB), the Trustees of the Universities Fund Kenya, and the Kenya Universities and Colleges Central Placement Service (KUCCPS).
These directives stemmed from a petition filed by the Kenya Human Rights Commission (KHRC) in 2023.
The government introduced the Higher Education Funding Model to address the financial struggles of public universities and Technical and Vocational Education and Training (TVET) institutions.
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Unlike the previous Differentiated Unit Cost (DUC) system, which provided bulk funding to institutions, the new model focuses on a student-centered approach, allocating financial aid based on individual student requirements.
In its lawsuit, KHRC argued that the model violated constitutional principles by neglecting the needs of financially disadvantaged students.
The petitioners highlighted confusion caused by the model in TVET course selection, with students facing delays due to a lack of clear guidance from KUCCPS.
“The variable scholarship and loan framework is vague, overly expensive, poorly defined, and unlawful, violating the right to education as guaranteed under economic and social rights,” read part of KHRC’s filing.
Justice Mwita criticized the government for shifting the financial burden to parents, stating that funding public universities is a government responsibility. He noted that transferring this obligation undermines constitutional expectations and legitimate public trust.
Student protests erupted following the implementation of the model, with many opposing it. The funding challenges resulted in some students losing their university placements due to inadequate financial support.
High Court Declares New University Funding Model Unconstitutional
