Win For Ruto After Court Allows His University Funding Model
The appellate court temporarily reinstated the contested funding framework, allowing it to remain operational.
Marvin Chege 
The Court of Appeal has suspended a High Court ruling that had nullified President William Ruto’s university funding model, a decision that paves the way for the government to continue implementing the Variable Scholarship Loan Funding Model, marking a significant victory for Ruto.
Introduced in 2023, the Variable Scholarship Loan Funding Model replaced the previous Uniform Funding Model, which provided equal financial support to all students regardless of their economic background. The new system allocates funding based on students’ financial needs.
In a ruling delivered on Wednesday, March 26, 2025, the appellate court temporarily reinstated the contested funding framework, allowing it to remain operational.
Additionally, the court instructed the Attorney General, the Higher Education Loans Board (HELB), and the Kenya Universities and Colleges Central Placement Service (KUCCPS) to ensure the model is publicized to universities, colleges, and students within 14 days.
The Milimani Law Courts in Nairobi. /FILE
“The execution of the Judgment and orders of the High Court in Petition 412 of 2023, issued on 20th December 2024, is stayed,” the court ruled.
The model faced legal battles with the High Court on December 20, 2024, declaring the new university funding model unconstitutional and barring President Ruto's government from implementing it.
The Court, in its judgement, 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 Ruto, was 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.
According to the judge, public participation was necessary before enrolling the model, adding that there were legislative points that were to be tabled and subjected to the Parliament.
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.
Whereas the Court of Appeal's interim ruling offers temporary relief, the final decision on the model's legality will depend on the outcome of hearings on the matter.
