Universities in Kenya have announced that first and second-year students will not be required to pay fees until a court case challenging the annulment of the new university funding model is resolved. This development provides much-needed relief to thousands of students who have faced uncertainty since the High Court declared the funding model unconstitutional last December.
Professor Daniel Mugendi, Chairperson of the Vice-Chancellors’ Committee and Embu University Vice-Chancellor, explained that the decision ensures seamless continuation of studies for the affected cohorts. The ruling impacts students admitted under the government’s funding model launched in May 2023, which factored in poverty levels and course costs to determine fees payable.
“For first years, we are not asking them to pay fees for now until the issue is resolved through the courts because they don’t even know how much they are supposed to pay,” said Prof. Mugendi during a media briefing in Nairobi on Thursday.
The exemption applies only to government-sponsored first and second-year students. Self-sponsored students in their first year remain unaffected, as they do not rely on government funding. Mugendi noted that while the government has already released funding for the affected cohorts, it cannot be disbursed by the Higher Education Loans Board (HELB) or the University Funding Board due to the court order.
The High Court ruling, delivered on December 20, 2024, declared the new funding model unconstitutional but failed to provide transitional measures, creating significant operational challenges for universities. Institutions have now returned to court seeking stay orders to temporarily reinstate the model and enable fee collection.
Mugendi expressed hope for a swift resolution. “We have requested the courts to give us stay orders so that we can operate and enable students to pay fees,” he said, adding that a stay order would help address the issues raised by the court while maintaining university operations.
Currently, funding for third, fourth, and other continuing students has been released by the government, allowing universities to function. Capitation has also ensured that continuing students receive upkeep money from HELB.
Education Cabinet Secretary Julius Ogamba convened a meeting with university vice-chancellors on Wednesday to address the crisis. The meeting concluded with a directive for universities to admit new students without requiring fees, ensuring classes resume while the government appeals the High Court ruling.
Funding agencies, including HELB, argue that the judgment could severely disrupt university learning by delaying critical funds. The government hopes for a favorable outcome in court, potentially as early as next week, to avert a protracted crisis and restore normalcy in higher education institutions.
This temporary measure reflects the government’s commitment to ensuring uninterrupted learning for students amid the legal and financial challenges facing the education sector.