The future of President William Ruto’s legacy project in the education sector his controversial university funding model will be decided today as the High Court is set to deliver its ruling on a case that seeks to challenge its implementation. The fate of this model, which is intended to overhaul how universities and Technical and Vocational Education and Training (TVET) courses are funded in Kenya, has sparked heated debate and raised concerns over its constitutionality and impact on access to higher education for the needy.
Justice Chacha Mwita of the High Court will deliver his judgment on a case filed by the Kenya Human Rights Commission (KHRC) last year. The petitioners argue that the new funding model is unconstitutional, particularly because it fails to prioritize students from low-income backgrounds. This model, they claim, does not adequately support economically disadvantaged students, who are often unable to access higher education due to increased financial barriers. The petition highlights that the new model creates confusion among students and parents alike, as they struggle with delays and unclear instructions from the Kenya Universities and Colleges Central Placement Service (KUCCPS) when it comes to selecting courses in TVET institutions.
According to the KHRC and other petitioners, the new model is arbitrary, obscure, expensive, undefined, and constitutes an illegality an affront to the right to education as part of economic and social rights. The petitioners assert that this model not only disadvantages students from low-income households but also undermines the quality and equity of education across the country. The respondents, including the Ministry of Education and the Kenya Universities and Colleges Central Placement Service, have been accused of acting illegally and beyond their mandate in implementing the new model, which they argue has put hundreds of thousands of university and TVET students and their families at a disadvantage.
The controversy over the university funding model reached a significant juncture on October 3, 2024, when the High Court issued temporary conservatory orders to halt its implementation pending the determination of the case. This order restrained the government and its agencies from proceeding with the model as it currently stands. Justice Mwita’s ruling noted that the moratorium was necessary to prevent harm while the substantive issues of the case were being addressed. The decision to temporarily suspend the model came after concerns were raised about its potential to exacerbate inequalities in access to education and place undue financial pressure on students and their families.
The new funding model categorizes students into five bands based on their household income, allocating funds accordingly through scholarships, loans, and required household contributions. This system replaced the previous method where the government provided a lump sum of funds to universities without assessing individual needs. The intention behind this change was to create a more tailored approach to funding that could better match students’ financial needs with available resources. However, critics argue that the model’s implementation has been flawed, leading to confusion and delays in course selection and inadequate financial support for those in the lower income brackets.
The ruling today will not only determine the future of this specific funding model but also impact Ruto’s broader educational legacy. The president’s administration had championed the model as a key initiative to enhance access to education, particularly for economically disadvantaged students. However, the backlash against the model indicates a growing concern about the broader implications of this policy and its ability to meet its intended goals. The outcome of today’s ruling could prompt further revisions to the model or lead to a complete overhaul, depending on the court’s assessment of its constitutionality and the practical impact on students and their families.
As the court prepares to deliver its judgment, the nation’s attention remains firmly on the fate of Ruto’s university funding model and its potential to reshape Kenya’s higher education landscape. Today’s decision will be a crucial moment in the ongoing debate about education equity and the role of government in providing accessible and affordable higher education opportunities for all Kenyans. The ruling will not only influence the future of university funding in Kenya but also reflect the broader challenges in achieving quality education for the country’s youth in a rapidly changing economic and social landscape.
