Court of Appeal Lifts Suspension on Ruto’s University Funding Model
The Court of Appeal has overturned a previous ruling by the High Court that had suspended President William Ruto’s new higher education funding model. The decision now paves the way for the implementation of the controversial financing plan, pending the final determination of an ongoing appeal.
Government Given Green Light—For Now
In its latest ruling, the appellate court directed the Ministry of Education, the Higher Education Loans Board (HELB), and the Kenya Universities and Colleges Central Placement Service (KUCCPS) to resume the model’s implementation. However, the government agencies must notify all stakeholders—universities, current and incoming students, and applicants—of potential changes as the legal battle unfolds.
“The AG, HELB, and KUCCPS are directed to publicize within the next 14 days the framework for the new funding model to all universities, current university students, incoming university students, and applicants intending to join in the next placement cycle,” the court directed.
The institutions must also inform students that the funding framework remains subject to change, depending on the final court decision.
Legal Challenge from Activist Groups
The battle over the new funding model began when the Kenya Human Rights Commission (KHRC) and Elimu Mbora Working Group, among other civil society organizations, sued to block its implementation. They argued that President Ruto’s directive was unconstitutional and that it bypassed Parliament’s role in making laws. Justice Chacha Mwita had previously ruled in favor of the petitioners, suspending the funding model’s rollout.
According to the activist groups, the government sidestepped existing laws that already mandate HELB and the Universities Fund to oversee higher education financing through the Maximum Differentiated Unit Cost model, as outlined in the Universities Act of 2012.
“These provisions have not been repealed and yet have been ignored, circumvented, or abandoned,” the petitioners stated.
What is the New Higher Education Funding Model?
Dubbed the Variable Scholarship and Loan Funding (VSLF) model, the plan was proposed by the Presidential Working Party on Education Reforms in 2022 and officially adopted in 2023. The model classifies students into different financial need categories, determining scholarship and loan allocations based on household income rather than a fixed fee structure.
Critics argue that the model disproportionately affects students from low-income backgrounds and lacks a legal framework to justify its implementation. They insist that changes to university financing should undergo proper legislative processes.
What’s Next?
While the Court of Appeal’s decision allows the model to proceed, the final ruling on its legality remains pending. Universities and students must brace for potential adjustments as legal proceedings continue.
The ruling signals yet another heated debate on education reforms in Kenya, with many watching to see whether the new funding model will survive its legal hurdles or face further resistance.
In other news: CS Mbadi Warns of Kenya’s Worst Fiscal Period, Anticipates EU Funding Cuts
Court of Appeal Lifts Suspension on Ruto’s University Funding Model