Court of Appeal suspends ruling on university funding model

The ruling follows a December 20, 2024, High Court ruling that nullified the Variable Scholarship and Loan Funding (VSLF) model, citing constitutional violations and lack of public participation.

 Justice Chacha Mwita ruled that shifting the financial burden of higher education from the government to parents was unconstitutional.

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

 He further noted that the lack of public input before implementing the model rendered it legally defective. “

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

The challenge to the funding model was brought by the Kenya Human Rights Commission, the Elimu Bora Working Group, Boaz Waruku, and a students’ caucus, who argued that the framework locks thousands of students out of higher education, making it discriminatory.

The VSLF model, launched by President William Ruto in May 2023, categorises students into five bands based on financial need.

Those from vulnerable and extremely needy households qualify for full funding, while others receive partial support, with some required to cover up to 10 per cent of their costs.

Earlier in February, the High Court declined to lift its orders quashing the funding model. Justice Mwita ruled that public interest was best served when all parties acted within the law.

 He criticised the Higher Education Board, the Education Cabinet Secretary, and the Attorney General for their contradictory actions, noting that they sought to suspend his judgment while claiming to comply with it.

“Any suspension of this court’s declaration would allow the applicant, and by extension the 1st, 2nd, 3rd, and 4th respondents, to continue acting outside the law,” Mwita ruled.

Last week, Education Cabinet Secretary Julius Ogamba told the National Assembly’s Education Committee that the government would appeal the ruling.

“We asked universities to allow students to attend classes without fees as we pursue an appeal. We hope the case will be concluded soon so funding agencies can resume their operations,” Ogamba said.