Blow To Ruto After High Court Throws Out New University Funding Model

The High Court has declared the new university funding model unconstitutional and barred President William Ruto's government from implementing it.

According to the judgment issued on Friday, December 20, the Court cited a lack of public participation in deeming the model null and void. Justice Chacha Mwita also ruled that the new funding model, introduced by President William Ruto, is unlawful due to its lack of legal foundation and discriminatory nature.

The court found that the government did not adhere to the necessary legal provisions when creating the model.

The judge has issued an order prohibiting Education Cabinet Secretary Julius Migosi, 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 (KUCPS) from implementing the new system until they comply with all legal provisions.

In October this year, the High Court froze the implementation of the model for institutions of higher learning until the case filed by the Kenya Human Rights Commission (KHRC) and three others was determined. KHRC and the other parties had filed a case at the Milimani Law Courts seeking to stop the new higher education funding model, arguing that it would prevent many students from getting university funds.

Similarly, they argued that the funding model is discriminatory because of the requirement that a student must be above the age of 18 to apply for funding. According to them, the funding model is a breach is the right to access information.

Additionally, they pointed out that even though the president has presidential powers, President Ruto did not follow the due process when he launched the model. According to the model which was categorised into 5 bands, students from vulnerable and extremely needy households would receive full funding while the less needy would get up to 90 per cent funding.

Justice Mwita in his ruling observed that the case took longer because the government led by Attorney General and Education CS Julius Ogamba delayed in filing its submissions.

“Conservatory orders are issued against the respondents from implementing the new education funding model until hearing and determination of the petition,” ruled the judge. The case will be mentioned on December 16, 2024, to highlight submissions.

The New Funding Model received criticism from several stakeholders after several students expected to join their first year in different universities raised complaints about the implementation of the fund.

The funding model had placed students in five bands using eight variables, including parents’ background, gender, course type, marginalization, disability, family size, and composition.