NAIROBI, Kenya – The High Court has directed all public universities and tertiary institutions to admit and provide education to students, even if they have not fully paid their fees under the newly introduced Higher Education Funding Model.
This decision comes after Justice Bahati Mwamuye issued an order prohibiting these institutions from denying students access to education and facilities based on their inability to pay fees under the new university and TVET financing models.
The ruling was in response to a petition filed by the Consumer Federation of Kenya (Cofek) and the Elimika Mashinani Trust, which argued that the government’s new funding model was discriminatory and could deny many students the opportunity to pursue higher education.
The petitioners highlighted that the funding model, which categorizes students based on factors such as parental background, gender, and family size, would particularly disadvantage students from poorer backgrounds, contradicting the principles of equal access to education.
“The funding model will adversely affect people from poor backgrounds and deny them an opportunity to pursue higher learning. It goes against the provisions of the existing laws,” the petitioners stated in court.
The admission window for universities is set to open on August 26 and close on September 6, making the matter urgent for many students awaiting admission.
President William Ruto introduced the new funding model on May 3, 2023, with the intention of providing more targeted support to students from vulnerable and extremely needy backgrounds.
Under the model, needy students are eligible for government scholarships covering up to 53% of their education costs, along with loans covering up to 40%. The remaining 7% would be paid by the students’ parents.
For those entering Technical and Vocational Education and Training (TVET) institutions, the government will cover 50% of the costs through scholarships and 30% through loans, with households covering the remaining 20%.
Despite these provisions, the court’s intervention suggests that there are significant concerns about the fairness and inclusivity of the new funding model.
Justice Mwamuye’s order requires the petitioners to serve the application and court order to the relevant respondents and interested parties by August 25, with responses due by September 6.
The case will be mentioned on September 18 to ensure compliance with these directions.
This decision comes after Justice Bahati Mwamuye issued an order prohibiting these institutions from denying students access to education and facilities based on their inability to pay fees under the new university and TVET financing models.
The ruling was in response to a petition filed by the Consumer Federation of Kenya (Cofek) and the Elimika Mashinani Trust, which argued that the government’s new funding model was discriminatory and could deny many students the opportunity to pursue higher education.
The petitioners highlighted that the funding model, which categorizes students based on factors such as parental background, gender, and family size, would particularly disadvantage students from poorer backgrounds, contradicting the principles of equal access to education.
“The funding model will adversely affect people from poor backgrounds and deny them an opportunity to pursue higher learning. It goes against the provisions of the existing laws,” the petitioners stated in court.
The admission window for universities is set to open on August 26 and close on September 6, making the matter urgent for many students awaiting admission.
President William Ruto introduced the new funding model on May 3, 2023, with the intention of providing more targeted support to students from vulnerable and extremely needy backgrounds.
Under the model, needy students are eligible for government scholarships covering up to 53% of their education costs, along with loans covering up to 40%. The remaining 7% would be paid by the students’ parents.
For those entering Technical and Vocational Education and Training (TVET) institutions, the government will cover 50% of the costs through scholarships and 30% through loans, with households covering the remaining 20%.
Despite these provisions, the court’s intervention suggests that there are significant concerns about the fairness and inclusivity of the new funding model.
Justice Mwamuye’s order requires the petitioners to serve the application and court order to the relevant respondents and interested parties by August 25, with responses due by September 6.
The case will be mentioned on September 18 to ensure compliance with these directions.
