Government to Revise Higher Education Funding Model Following Court Ruling.
Education Cabinet Secretary Julius Migos Ogamba has outlined the government’s response to the High Court’s annulment of the new higher education funding model.
The decision followed Justice Chacha Mwita’s declaration that the model was unconstitutional due to insufficient public participation during its development.
The court deemed the funding approach discriminatory, pointing to its categorisation of students into various bands. Justice Mwita stated that public input should have been sought before implementation.
Consequently, the ruling directed the Education CS, the Attorney General, the Higher Education Loans Board (HELB), the Trustees of the Universities Fund Kenya, and the Kenya Universities and Colleges Central Placement Service (KUCCPS) to halt its application.
The petition challenging the model had been filed in 2023 by the Kenya Human Rights Commission (KHRC), which described it as arbitrary, expensive, undefined, and a violation of the right to education.
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During Rongo University’s graduation ceremony, CS Ogamba discussed the government’s next steps, highlighting plans to modify the model to address the High Court’s concerns.
He noted that a committee, established by the President to review the funding model comprehensively, is actively working on a refined version.
The committee’s interim findings are already under review, and a final report will be developed and implemented to ensure the funding system meets its intended objectives without disadvantaging any student.
The Education CS acknowledged the interim model’s challenges during the current cohort’s admissions and reiterated the government’s commitment to improving the process for future cohorts.
He emphasised that the revised funding mechanism would ensure inclusivity and fairness.
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Criticism and Public Backlash
Ogamba also criticised the government’s prior decision to transfer financial responsibility to parents, underscoring that funding public universities is a state obligation.
The contentious implementation of the funding model had provoked nationwide protests by university students. Many students felt marginalised and demanded the reinstatement of HELB to address their financial concerns.
Government to Revise Higher Education Funding Model Following Court Ruling.