High Court Declares Ruto’s New University Funding Model Unconstitutional

The High Court has declined to lift orders quashing President William Ruto’s new university funding model following an appeal by the government describing it as unconstitutional and unfair.

In his ruling, Justice Chacha Mwita said that the scales of justice favored those who opposed the model, declaring that public interest is best served when all parties act within the law.

He criticized the Higher Education Loans Board (HELB), the Education Cabinet Secretary, and Attorney General for their contradictory actions noting that while they had moved to the Court of Appeal seeking to suspend his judgment, they simultaneously claimed their intention to comply with the orders.

Mwita reiterated that allowing the suspension would permit the continuation of the funding model, even though it had already been declared unconstitutional.

“In the circumstances, I am not persuaded that there is merit in granting the application. Public interest, in my respectful view, is better served when everyone acts within the law.   Consequently, and for the above reasons, the application dated 27th January 2025 is declined and dismissed. I make no order on costs,” Mwita stated.

Justice Mwita ruled that the model was unconstitutional, lacked a legal framework, was discriminatory, and failed to meet the legal requirements for public participation.

The Universities Fund and HELB last month appealed the High Court judgment by Justice Chacha Mwita that declared the new university funding model unconstitutional.

The agencies argued that its consequences could halt learning in universities because of delays in disbursing funds for students continuing their studies.

They contended that Justice Mwita erred in both law and fact and that the judgement has made it impossible for them to disburse any funds to universities or students.

The High Court in December last year nullified the government’s new university education funding model, declaring it unconstitutional and discriminatory.

Justice Mwita ruled that the model violated students’ legitimate expectations and was implemented without adequate public participation, despite its significant impact on higher education.

“The government has a constitutional responsibility to fund public universities. Passing this burden onto parents is a violation of the Constitution,” said Mwita.

He added that the model should have undergone public consultation to incorporate citizens’ views before implementation.

“The changes in the funding model did not adhere to the necessary legal provisions in its creation,” he noted.

The petition was filed on October 13, 2023, by the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, Boaz Waruku, and a Students Caucus arguing that the new model locks thousands of students out of higher education, making it discriminatory and a breach of the right to education.

The model, dubbed the Variable Scholarship and Loan Funding (VSLF), was launched by President William Ruto in May 2023. It categorized students into five bands, with those from vulnerable and extremely needy households eligible for full funding, while less needy students could receive up to 90% funding.