The high court has this afternoon nullified the new university funding model saying it propagates discrimination contrary to Article 27 of the constitution.
Justice Chacha Mwita ruled that the process leading to the introduction of the new University funding model was never subjected to public participation hence contradicting the basic provisions of the Law.
The court said that the attempt by President William Ruto’s taskforce committee to grade students based on their financial background was pure discrimination of learners.
“Article 27 of the constitution provides that every person is equal before the Law meaning the state is prohibited from propagating direct or indirect discrimination.” Justice Mwita ruled.
In the case, the Kenya Human Rights Commission (KHRC), the Elimu Bora Working Group and the Students’ Caucus had in their petition argued that the implementation of the model has transferred the responsibility of providing education from the State to parents, many of whom are struggling to keep their children in school.
The lobbies argued in their petition that the model was implemented hurriedly without consultation and without enabling legislation.
They told Court the Higher Education Loans Board and the Universities Fund were already statutorily mandated to oversee higher education funding and to follow the Maximum Differentiated Unit Cost Model, established in the Universities Act.
Under VSLF the model, students had been categorized as vulnerable, extremely needy, needy and less needy with the vulnerable receiving 82 percent scholarship and 18 percent loan, while the less needy getting 38 percent scholarship, 55 percent loan and seven percent to be contributed by the parent or guardian.
The learners were also expected to apply individually for the loans and scholarships and the applications are considered based on a model that uses a Means Testing Instrument (MTI) to determine the student’s level of financial need, so as to ensure they are supported adequately.
In the past, government-sponsored students would pay Sh16,000 per year and get a loan of up to Sh60,000 a year, under the Differentiated Unit Cots established by the Universities Act. The petitioners claim students now have to part with an average of Sh650,000 per annum without scholarships or bursaries.
