Court quashes Health CS Duale’s directive, saves MKU Oral Health Degree programme

The High Court has quashed a directive issued by Health Cabinet Secretary Aden Duale seeking to discontinue Mount Kenya University’s Bachelor of Science in Oral Health programme, delivering a major victory for the institution and more than 200 students enrolled in the course.

In a landmark judgment delivered at the Milimani Law Courts on May 28, 2026, Justice William Musyoka ruled that the Ministry of Health lacked the legal authority to order the termination of the programme, which has been running for nearly a decade.

The ruling effectively secures the future of Mount Kenya University’s Bachelor of Science in Oral Health programme, confirming its legal status and accreditation while barring the Ministry of Health from implementing the directive to discontinue it.

The case was filed by the Oral Health Association of Kenya after the Ministry of Health wrote to Mount Kenya University in February directing the institution to discontinue the degree course.

The association argued that the directive was issued without public participation or consultation with affected students and stakeholders.

It further contended that the move threatened the academic future of 225 students already enrolled in the programme and violated their constitutional right to education.

In its defence, the Ministry of Health maintained that the programme was not aligned with the country’s oral health needs and that there was no demonstrated service delivery gap requiring graduates from the course.

The ministry also raised concerns that graduates might lack a clear professional pathway after completing their studies.

However, the court found that the Bachelor of Science in Oral Health programme had been duly approved and accredited by the Commission for University Education in 2016 and therefore fell under the regulator’s mandate.

Justice Musyoka ruled that under the Universities Act, the authority to approve, accredit, inspect, recognize or discontinue university academic programmes rests solely with the Commission for University Education.

“It is my finding and holding that the application herein is merited, for the 1st respondent has no power to make the decision that he purported to make, to have the academic programme in question discontinued,” the judge stated.

He added that the Health Cabinet Secretary had acted outside his legal mandate and in violation of the Universities Act by attempting to terminate the programme.

The court was also critical of the manner in which the Ministry of Health communicated directly with the university without involving the Ministry of Education, which oversees higher education institutions.

“Direct official communication by the 1st respondent with a university on an academic programme it runs, without reference to the Cabinet Secretary responsible for Education, would be improper, irresponsible and in bad faith,” Justice Musyoka ruled.

The judge further dismissed the ministry’s argument that its letter merely offered advice to the university. He noted that the contents of the letter clearly amounted to a directive because it required the university to develop a transition plan for affected students and submit it within 21 days, indicating that the programme was expected to be shut down.

In allowing the application, the court issued orders quashing the ministry’s directive, prohibiting any further interference with the programme and affirming the legality of the oral health degree course.

The judgment also highlighted the potential harm that would have been caused to the 225 students pursuing the programme. The court acknowledged concerns over disruption of studies, uncertainty regarding professional qualifications and possible violations of the students’ right to education.