Blow to president Ruto after High Court declare new university funding model unconstitutional
The High Court has slammed breaks on president William Ruto’s persistent push to enforce new education funding model terming it unconstitutional.
Today, High Court Judge Chacha Mwita ruled that the new education funding model is unconstitutional and discriminatory since students in Kenya have a right to education.
The court further said that it’s the government’s responsibility to fund public universities, adding that passing the responsibility to parents is a violation of the Constitution, adding that legitimate expectation was violated.
On October 3, 2024, the court issued orders temporarily halting the implementation of the model pending the determination of the case filed by KHRC, Elimu Bora Working Group and the Students’ Caucus.
According to the Justice Mwita, public participation was necessary before enrolling the model, adding that there were legislative points that were to be tabled and subjected to the Parliament.
“It should have been subjected to the public so that the public comments before its implementation,” the court noted.
The case was filed by the Kenya Human Rights Commission (KHRC) last year, arguing that the model is unconstitutional and does not prioritise needy students.
Petitioners opposing the model cited that the new model has created confusion in selecting TVET courses as students face delays due to a lack of clear instructions from the Kenya Universities and Colleges Central Placement Service (KUCCPS).
“The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined and illegality; an affront to the right to education as part of economic social rights,” part of the petition read.
“The respondents have accordingly acted illegally and ultra vires in the implementation of the funding model to the detriment of hundreds of thousands of universities and TVET students and their families.”
