High Court Stops Ruto's Higher Education Funding Model
This is until the case filed by the Kenya Human Rights Commission (KHRC) and three others is determined.
Viral Tea Ke Writer 
President William Ruto‘s new Higher Education Funding (HEF) model for institutions of higher learning has been dealt a huge blow after the High Court stopped its implementation.
This is until the case filed by the Kenya Human Rights Commission (KHRC) and three others is 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.
The Milimani Law Courts in Nairobi. /FILE
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.
Milimani High Court Justice Chacha 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 has 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.
As of late August 2024, close to 10,000 aggrieved students registered appeals through the Higher Education Financing (HEF) portal contesting the new university funding model. Over 14,000 students who were placed in universities in 2024 have not yet reported to their respective schools raising the viability of the new university funding model.
Despite the Ministry of Education's projection of 138,538 students joining institutions of higher learning, only 124,364 students have so far reported.
The funding model places students in five bands using eight variables, including parents’ background, gender, course type, marginalization, disability, family size, and composition.
Read also: Revealed: How Much In Fees Each University Student Will Pay, Grouped In 5 Bands
President Ruto notably hosted students for a town hall meeting to explain the funding model. He lamented that the old funding was almost putting Kenya’s education at a point of no return because of the imbalanced distribution of funds.
“The new student-centred funding model has 5 bands. The banding did not start with this model. We started the banding in 1996. There has always been banding. I know there is a push that maybe this banding started with this model, but it did not, it has always been there. All we did, instead of having 4 bands we made it 5,” Ruto explained.
In accordance with Ruto’s directive when he unveiled the new funding model in May 2023, the government said that students from vulnerable and extremely needy households would receive 100 per cent of funding while the needy and less needy would get 93 per cent of government funding.
