The government has revealed the way forward following yesterday’s high court ruling that declared the new higher education funding model unconstitutional.
In his ruling, High Court Judge Chacha Mwita noted that the model is discriminatory since students in Kenya have a right to education.
The ruling further stated that funding public education is a responsibility of the government which cannot be passed on to parents as was the case in the funding model that established bands with parents expected to pay varying amounts.
READ: Key concerns about the new university funding model & possible solutions
Public participation was also a ground that the judge covered in the ruling that it was necessary before rolling out the funding model.
According to the judge, the funding model is a violation of the constitution, with legitimate expectation violated.
Court states loan funding model is arbitrary, obscure, expensive & undefined
The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined and illegality; an affront to the right to education as part of economic social rights.
The respondents have accordingly acted illegally and ultra vires in the implementation of the funding model to the detriment of hundreds of thousands of universities and TVET students and their families.
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Education CS reveals next steps
Following the ruling, Education Cabinet Secretary Julius Migos Ogamba has moved in to address the uncertainty.
The CS who spoke during the Rongo University graduation ceremony noted that the government is keen on addressing all the challenges and concerns raised, including modifying the funding model to be in compliance with all constitutional requirements pointed out in the ruling.
The President formed a working party committee to re-examine the entire funding model and refine it to ensure the next cohort does not face the same challenges encountered during the admission of the current cohort. That committee is continuing its work.
We have introduced an interim report, which we will review before producing a final report. Once it is finalised, we will implement it to ensure the funding model for the next cohort serves its purpose and no student is left behind.
The funding model was opposed by several stakeholders, including parents and students despite spirited efforts by the government to roll it out despite the serious concerns raised.
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Cases of several students placed in bands where their families could not afford to pay the required amount made headlines with thousands of students left on the verge of dropping out of various institutions.