NAIROBI, Kenya, Mar 26 – The Court of Appeal has stayed the High Court order that declared the government’s Higher Education Funding Model unconstitutional, allowing its implementation to continue pending the determination of an appeal.
In its ruling, the appellate court directed the Attorney General, the Higher Education Loans Board (HELB), and the Kenya Universities and Colleges Central Placement Service (KUCCPS) to publicize the funding framework within 14 days to all universities and colleges, as well as to current university students, incoming students, and applicants intending to join in the next placement cycle.
“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 stated.
The court further instructed the institutions to notify students currently under the funding model and new applicants that the framework could change depending on the final outcome of the appeal.
It also directed that the issue of legal costs would be determined at the conclusion of the case.
This follows the High Court’s decision on December 20, 2024, nullifying the government’s new university education funding model and declaring it unconstitutional and discriminatory.
Justice Chacha Mwita ruled that the model violated students’ legitimate expectations and was implemented without adequate public participation, despite its significant impact on higher education.
“The government has a constitutional responsibility to fund public universities. Passing this burden onto parents is a violation of the Constitution,” said Mwita.
Public consultation
He added that the model should have undergone public consultation to incorporate citizens’ views before implementation.
“The changes in the funding model did not adhere to the necessary legal provisions in its creation,” he noted.
The High Court had directed the Education Cabinet Secretary, the Attorney General, HELB, and other stakeholders to cease implementing the model.
The ruling followed a petition filed on October 13, 2023, by the Kenya Human Rights Commission (KHRC), the Elimu Bora Working Group, Boaz Waruku, and a Students Caucus.
The petitioners argued that the new model locks thousands of students out of higher education, making it discriminatory and a breach of the right to education.
The model, dubbed the Variable Scholarship and Loan Funding (VSLF), was launched by President William Ruto in May 2023.
It categorizes students into five bands, with those from vulnerable and extremely needy households eligible for full funding, while less needy students could receive up to 90 percent funding.
Source: capitalfm
