NAIROBI, Kenya – the High Court has suspended the implementation of the government’s new university funding model, which has faced widespread criticism.
Justice Chacha Mwita issued the temporary halt on October 3, 2024, pending the hearing and determination of a lawsuit filed by the Kenya Human Rights Commission (KHRC) and other education stakeholders.
The court order follows delays in submissions by the Attorney General, Education Cabinet Secretary, and the Kenya Universities and Colleges Central Placement Service (KUCCPS), which the judge highlighted as the reason the case had not progressed since it was filed last year.
Justice Mwita underscored the importance of resolving the case promptly due to its impact on the country’s education system.
The KHRC, alongside the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus, challenged the model on grounds that it risks locking out thousands of students from accessing much-needed financial aid.
The group argues that the model’s design, which places students into five financial need categories through a Means Testing Instrument (MTI), is flawed and impractical.
“The model, if implemented, would disadvantage many students from low-income backgrounds,” Boaz Waruku, a member of the Elimu Bora Working Group, stated in support of the case.
The MTI assesses factors like family background and household income to determine the level of support for each student, but critics say it introduces more complexity and uncertainty into the already-struggling education funding system.
While the government asserts that the new system will streamline aid distribution and ensure that students in need receive more targeted support, opponents question its feasibility.
Many wonder why the government opted for an entirely new model instead of improving the previous framework.
The court has set December 16, 2024, as the date to hear submissions from both sides, adding that the matter requires urgent resolution to address growing concerns about access to higher education in Kenya.
The ruling comes at a time when the Ruto administration faces mounting pressure over its education policies, with many urging the government to prioritize reforms that will enhance, rather than restrict, access to quality education.
Justice Chacha Mwita issued the temporary halt on October 3, 2024, pending the hearing and determination of a lawsuit filed by the Kenya Human Rights Commission (KHRC) and other education stakeholders.
The court order follows delays in submissions by the Attorney General, Education Cabinet Secretary, and the Kenya Universities and Colleges Central Placement Service (KUCCPS), which the judge highlighted as the reason the case had not progressed since it was filed last year.
Justice Mwita underscored the importance of resolving the case promptly due to its impact on the country’s education system.
The KHRC, alongside the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus, challenged the model on grounds that it risks locking out thousands of students from accessing much-needed financial aid.
The group argues that the model’s design, which places students into five financial need categories through a Means Testing Instrument (MTI), is flawed and impractical.
“The model, if implemented, would disadvantage many students from low-income backgrounds,” Boaz Waruku, a member of the Elimu Bora Working Group, stated in support of the case.
The MTI assesses factors like family background and household income to determine the level of support for each student, but critics say it introduces more complexity and uncertainty into the already-struggling education funding system.
While the government asserts that the new system will streamline aid distribution and ensure that students in need receive more targeted support, opponents question its feasibility.
Many wonder why the government opted for an entirely new model instead of improving the previous framework.
The court has set December 16, 2024, as the date to hear submissions from both sides, adding that the matter requires urgent resolution to address growing concerns about access to higher education in Kenya.
The ruling comes at a time when the Ruto administration faces mounting pressure over its education policies, with many urging the government to prioritize reforms that will enhance, rather than restrict, access to quality education.
