Kenya: Court Suspends New University Funding Model in KHRC-Led Suit

3 October 2024

Nairobi — The High Court has suspended the new university funding model in an urgent case which has cited discrimination in the model.

Justice Chacha Mwita on Thursday ordered the filing of submissions by respondents yet to do so within fourteen days ahead of highlighting of oral submissions on December 16.

The court noted delayed filing by the Attorney General, Education Cabinet Secretary and Kenya Universities and Colleges Central Placement Service (KUCCPS) had stalled the case

"Pending inter-parte hearing, conservatory orders are issues against the respondents, their servants, agents and employees from implementing the new education funding model until hearing and determination of the petition," the court ordered.

Due process

The Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, Boaz Waruku and a Students Caucus had filed the case on October 13, 2023 arguing that the funding model locks thousands of students out of higher education hence discriminatory.

The petitoners cited the implementation of the new funding model as a breach of the right to education.

They further pointed out that while the President had a mandate to discharge, he did not follow the due process when he launched the model.

President William Ruto launched the new model dubbed Variable Schorlaship and Loan Funding (VSLF) in May 2023.

It categorises students into 5 bandswith students from vulnerable and extremely needy households receiving full funding while the less needy will get up to 90 per cent funding.

Student leaders have however led protests against the model which they have termed discriminatory.

President Ruto appointed National Working Committee to look into concerns raised.

The National Working Committee comprises four sub committees tasked with different roles including the review of the new funding model for Universities and Technical, Vocational Education and Training Institutions (TVETS).

Ruto said the four sub committees shall focus on the cost of University degree programmes, the structure of student loans and appeals arising from the placement of students into various eligibility bands for allocation of scholarships and loans for their higher learning education.

The National Working Committee is chaired by Professor Japheth Ntiba.

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