University Funding in Kenya: CS Ogamba Reassures Students Amid Court Ruling

Education CS Julius Ogamba has reassured university students that they will continue to get government funding under the new university funding model despite the recent court ruling.

Students in second, third and fourth years have been worried about financial challenges after the High Court cancelled the funding model in December 2024. Many fear they will drop out due to lack of tuition and upkeep fees.

Government Will Continue to Fund

Ogamba has allayed these fears saying the government will still support university students. He said funds allocated in the 2024/25 budget will be released to universities to cover tuition fees and student upkeep.

“Government will release funds to universities as we work on the court issues. The money is already in the budget so students should not worry,” Ogamba stated.

This comes as universities are set to reopen for a new academic year. Many students especially from marginalized areas rely heavily on government funding to survive in higher education.

The Court Ruling on University Funding

In December 2024, the High Court declared the new university funding model unconstitutional citing several breaches:

  1. Discrimination – The court found the model was discriminatory by introducing unequal treatment based on financial ability, type of school attended, age and ambiguous criteria like “household income”. This was found to contravene Article 27 of the Constitution which provides for equality and freedom from discrimination.
  2. Universities Act – The model conflicted with Section 53 of the Universities Act which deals with university financing.
  3. Breach of Legitimate Expectations – Students’ legitimate expectations were breached because the model was introduced without notice or consultation.
  4. Lack of Public Participation – The model did not meet the constitutional requirements for public participation and parliamentary oversight which are key elements in policy making.

Policy Must Comply with Law

Ogamba said the government is working on aligning the new model with the law. He said they are addressing the court’s concerns while ensuring student support continues. “We respect the court’s decision and are working to ensure university funding is in line with the law. For now students will continue to get their funding,” Ogamba stated.

Students’ Worries and the Way Forward

With universities opening this week, students are worried they will not be able to survive without timely funding. Many students especially from low income households are fully dependent on government funding for tuition and upkeep.

The ruling has prompted calls for a more inclusive and transparent funding framework that guarantees equitable access to higher education without discrimination.

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