Nairobi — The government has withdrawn a contentious amendment proposal embedded within the Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 that would have otherwise had an impact on Kenya's higher education sector.
The amendment, which aimed to amend section 56(1)(a) of the Universities Act, 2012, generated considerable debate and scrutiny within the legislative and educational spheres.
The proposed change sought to ensure that government-sponsored students were placed in public universities and colleges unlike the current system of university placement where government-sponsored students are placed in private universities and colleges.
This has limited access to university education by students from poor family backgrounds who are mostly government-sponsored students.
The arrangement was also intended to provide greater opportunities for students from diverse backgrounds and alleviate the strain on public universities grappling with funding shortages.
However, upon closer examination, concerns emerged regarding the unintended consequences of the proposed amendment.
It became apparent that the amendment would still mandate the Placement Board to place government-sponsored students in private universities and colleges.
Additionally, the amendment would also see privately sponsored students being placed in public universities and colleges which ideally should be for government-sponsored students.
This unexpected outcome raised alarms that the proposed amendment would further inhibit government-sponsored student enrollment in public universities and colleges.
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Furthermore, there were apprehensions that the proposed amendment could undermine the government's broader objectives of promoting equitable access to university education, particularly for vulnerable and needy students.
Critics argued that such a blanket policy could exacerbate disparities and hinder efforts to foster inclusivity within the higher education landscape.
In response to these concerns, the Majority Leader of the National Assembly Kimani Ichungw'ah, in consultation with the Ministry of Education, decided to withdraw the proposed amendment to allow for consultations.
"The move reflects a commitment to undertake a more comprehensive review of the Universities Act, of 2012, to ensure that any legislative changes align with the government's overarching policies and objectives in the education sector," Ichungw'ah said.
To this end, the National Assembly Speaker Moses Wetangula acceded to the request by Ichungw'ah to withdraw the proposed amendments to the University Act of 2012.
"I wish to notify the House that I have received a request from the majority leader seeking my consent for the withdrawal of the proposed amendment as contained in the Bill," Speaker Wetangula said.
The Speaker added, "I have acceded to the request by the leader of the majority to withdraw the provision as contained in the Bill."
