Kenyan High Court axes President Ruto’s university funding model, a major blow to his administration’s higher education plans. Many students have been struggling to pay tuition fees.
What Was The New University Funding Model?
Introduced on May 3, 2023, the model allocated financial aid to university and Technical and Vocational Education and Training (TVET) students based on household income. It was meant to support students from low income families more and those from higher income families to pay more of their tuition fees.
Why Did The Court Find It Unconstitutional?
On February 17, 2025, Justice Chacha Mwita ruled the model was unconstitutional, discriminatory and had no legal basis. He said the government had not done proper public participation, a requirement in making public policies and laws.
“This allocates higher education resources without a legal basis, contrary to the law. It has no statutory backing and its structure and processes are unclear,” Justice Mwita stated in the ruling.
The judge also faulted the government for shifting the cost to parents, saying the government has a constitutional duty to fund public universities. He cited Section 53 of the Universities Act, which requires any education funding system to be legally established and developed through wide public consultation.
Key Ruling And Immediate Effects
The court has enjoined the following government agencies from implementing the model until the legal requirements are met:
- Education CS Julius Ogamba
- Attorney General
- Higher Education Loans Board (HELB)
- Universities Fund Kenya Trustees
- Kenya Universities and Colleges Central Placement Service (KUCCPS)
Who Challenged The New Model?
The petition was filed by a coalition of education and human rights groups including:
- Kenya Human Rights Commission
- Elimu Bora Working Group
- Boaz Waruku
- Students Caucus
They argued the model violated students’ right to affordable higher education and increased financial exclusionespecially for students from middle and lower income families.
Government Response And Future ImplicationsDespite the ruling, government officials including the Attorney General and Higher Education Board tried to appeal and delay the implementation. But Justice Mwita declined saying prolonging the ruling would sustain an already unconstitutional system and undermine the rule of law.
“Public interest demands lawful action. Delaying this ruling would perpetuate a funding model that is legally faulty and unfair to students and parents,” he stated.
Now the government has to develop a new legal framework that is constitutional and enables students to access affordable and fair education.