The government faced a significant setback on Thursday after the High Court suspended the implementation of the new university education funding model. This decision will hold until a case challenging the model is determined.
The petition was filed by the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, Boaz Waruku, and a Students Caucus on October 13. The petitioners argued that the new funding model is unconstitutional, claiming it discriminates against students by preventing thousands from accessing higher education.
In issuing the suspension, Justice Mwita stated, “Pending inter-party hearing, conservatory orders are issued against the respondents, their servants, agents, and employees from implementing the new education funding model until the hearing and determination of the petition.”
The judge highlighted delays in the case, noting that the Attorney General, Education Cabinet Secretary, and the Kenya Universities and Colleges Central Placement Service (KUCCPS) had stalled proceedings by failing to file their submissions on time.
The lobby groups further claimed that while President William Ruto has a mandate to implement changes in higher education, the introduction of the new model did not follow due process.
The new funding model, called the Variable Scholarship and Loan Funding (VSLF), was launched in May 2023. It categorizes students into five groups based on financial need, with those from vulnerable and extremely needy families receiving full funding, while less needy students can receive up to 90% funding.
The court’s ruling has put the future of the new funding model on hold, pending the outcome of the ongoing legal challenge.
