NAIROBI, Kenya -The government’s controversial university funding model has hit another legal roadblock after the High Court reaffirmed its earlier ruling that the system is unconstitutional, throwing the fate of more than 400,000 students into uncertainty.
In a ruling delivered on Wednesday, Justice Chacha Mwita dismissed an application by the Kenya Universities and Colleges Central Placement Service (KUCCPS), which sought to temporarily suspend the nullification of the model while the government worked on adjustments.
“I am not persuaded that there is merit in granting the application. Therefore, the application dated January 27, 2025, is declined and dismissed,” Justice Mwita ruled.
The court maintained that allowing the model to continue in its current form would perpetuate an unconstitutional system.
“Public interest is better served when everyone operates within the law. The new funding model was found to be inconsistent with the Constitution and existing laws, and suspending its nullification would only allow actions taken outside the legal framework to continue,” the ruling stated.
Government Assures Students of University Placement
Despite the legal setback, the Ministry of Education has sought to reassure students who sat for the 2024 Kenya Certificate of Secondary Education (KCSE) that they will still be placed in universities by September.
Speaking at a stakeholders’ meeting in Naivasha, Higher Education Principal Secretary Beatrice Inyangala acknowledged the challenges posed by the court ruling but insisted that the placement process would go on.
“What we are sure of is that we have time until September to resolve the problems under the new model. All those learners who are to join universities, we are assuring you that all of you will join your university of choice,” she said.
She also defended the model, arguing that it had injected more funds into the education sector. “Under the old model, it would take us 20 years to get to where we are today,” she claimed.
The funding crisis has reignited debate among lawmakers, with members of the National Assembly’s Education Committee calling for fresh negotiations to address gaps in the system.
“We have challenges with the funding model. Our economy, at the moment, cannot finance all university learners. We need to start public participation in this model so that we are able to balance and fix the problem,” the committee noted.
The ruling adds to the growing financial strain on public universities, which are already grappling with mounting debts.
The Ministry of Education has acknowledged that universities’ debts have surged from Ksh.60 billion to Ksh.72 billion, further complicating the sector’s financial stability.
With the clock ticking towards university admissions in September, the government now faces the urgent task of resolving the legal and financial uncertainties surrounding higher education funding.
