Higher education in Kenya has suffered a significant setback after the High Court reaffirmed its earlier ruling declaring the government’s new university funding model unconstitutional. The decision has thrown the fate of over 400,000 students into uncertainty.
In his ruling, Justice Chacha Mwita upheld the December 20, 2024, judgment, which found that the government’s funding model contravened the Constitution. The Kenya Universities and Colleges Central Placement Service (KUCCPS) had filed an application seeking a temporary suspension of the court’s decision to allow the model’s regularization. However, the court maintained its stance, further complicating the funding landscape for higher education institutions.
“Public interest is better served when everyone operates within the law. The new funding model was found to be inconsistent with the Constitution and existing statutes. Suspending its nullification would permit actions taken outside the legal framework to persist,” Justice Mwita ruled. He further stated, “I am not persuaded that there is merit in granting the application. Therefore, the application dated January 27, 2025, is declined and dismissed.”
Government Assurances Amid Uncertainty
Despite the legal impasse, the Ministry of Education has moved to reassure students and parents that admissions to universities will proceed as planned. Higher Education Principal Secretary (PS) Beatrice Inyangala emphasized that all 245,000 candidates who sat the 2024 Kenya Certificate of Secondary Education (KCSE) examinations would join universities by September.
Speaking at a stakeholders’ meeting in Naivasha, which included the National Assembly’s Education Committee, Inyangala sought to allay fears over the funding model’s challenges.
“We have until September to resolve the issues surrounding the new model. We want to assure all students that they will secure places at their chosen universities,” she affirmed.
The Debate on Higher Education Funding
The KUCCPS, which placed first-year students in universities under the now-nullified model, argued that the ruling had created financial uncertainty for institutions and students alike. Lawmakers present at the Naivasha meeting acknowledged the need for a balanced approach, citing the country’s economic limitations.
“Our current economic situation does not allow us to fully finance all university students. We need a structured public participation process to fine-tune the model and address these challenges,” the National Assembly’s Education Committee stated.
Beyond the funding model, the Ministry of Education is also contending with a deepening financial crisis in higher education. Universities across the country are struggling under mounting debts, which have surged from Ksh.60 billion to Ksh.72 billion.
As the government grapples with these financial constraints, all eyes remain on policymakers to find a viable solution that ensures sustainable funding while upholding constitutional principles. The coming months will be critical in shaping the future of higher education funding in Kenya.