Blow to UoN as court quashes plan to increase tuition fees

The University of Nairobi (UoN) management has been dealt a big blow after the High Court in Nairobi barred it from increasing tuition fees.

This is after the Kenya Medical Practitioners, Pharmacists and Dentists Union had moved to challenge a decision by the UoN to effect new charges on students.

According to Justice Anthony Mrima, the decision to increase the fees was not subject to public consultation at the time of implementation making it unconstitutional.

“In the end, there is no difficulty in holding that the 2nd Respondent violated Articles 10(2)(a) and 201 of the Constitution for failure to undertake sufficient public participation before the preparation of the Differentiated Unit Cost Criteria (DUC),” the judge said.

“A declaration is hereby issued that the implementation of the maximum differentiated unit cost criteria by the first respondent [the University of Nairobi] through the handbook of fees payment is unconstitutional and null and void.”

In July 2021, the UoN doubled fees to cushion it from cash crunch brought home by a dip in student enrolment.

The new rates were to apply to new students, meaning the institution would have transitioned to the new regime within the next five years.

Students pursuing medicine were to part with Sh3.8 million for the five-year course, up from Sh2.35 million, beginning August.

For those pursuing liberal arts master’s courses like communications and MBA, the fee was increased to more than Sh600,000 for a two-year programme from an average of Sh275,000, reflecting an increase of 118 per cent.

In his defence, Vice-Chancellor Prof. Stephen Kiama said that the fees will not apply to any student who is currently admitted at the institution.

“There are no fees going to be increased for a student admitted at the University of Nairobi, we will continue to absorb that deficit because it’s on us. There was no fee increment by 118 per cent that is just people’s calculations there’s what we call differentiated unit costs which are agreed on 14 clusters,” he said in a local television.

He said the move was arrived at following consultations among the Vice-Chancellors’ Committee, the University of Nairobi Fees Revision Committee, University Executive Management Board, University Deans Committee, and the University Senate.