There has been considerable anxiety among university students following a recent ruling by the High Court declaring Kenya’s new university funding model unconstitutional. The ruling, issued in December 2024, sparked concerns, especially for students in their second, third, and fourth years, who fear being unable to pay for their education without government assistance. The court found several issues with the model, including violations of the Constitution, discriminatory practices, and lack of public participation.
Education Cabinet Secretary Julius Ogamba moved quickly to reassure students, affirming that the government will continue releasing funding under the new model despite the court’s decision. Ogamba assured that the allocated funds for the 2024/25 budget will be disbursed to universities to cater to students’ fees and upkeep.
“We understand the concerns and assure students that there should be no cause for alarm. The government is working diligently to align the funding model with the court’s ruling, and the necessary funds have already been set aside in the national budget,” Ogamba said.
This declaration came at a critical time as universities prepare to open their doors for the new academic year. Many students, especially those dependent on government aid, expressed fears of being unable to continue their studies if the funding was delayed or suspended.
The High Court’s ruling on the funding model raised serious constitutional concerns. Justice Mwita’s decision emphasized that the model violated Section 53 of the Universities Act and was discriminatory, particularly in how it handled factors like household income, age, and school type. Moreover, the court noted that the model lacked the necessary public consultation and parliamentary oversight, failing to meet constitutional standards for transparency and inclusivity.
As the government works to resolve the legal challenges, students and institutions await clarity on how the funding model will be adjusted to comply with the court’s verdict, hoping for a smooth transition that ensures their academic journeys are not disrupted.
