The Lower Eastern Times Opening The Third Eye
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In a landmark ruling, High Court Judge Chacha Mwita has declared the new university funding model unconstitutional, deeming it discriminatory against students’ right to education.
The court emphasized that it is the government’s responsibility to finance public universities and that shifting this burden to parents violates the Constitution, breaching the legitimate expectations of students.
The judge also highlighted the lack of public participation in the decision to implement the new model, asserting that such changes should have been open for public input and subjected to parliamentary debate.
The Kenya Human Rights Commission (KHRC), which filed the case, argued that the model is unconstitutional and fails to prioritize financially needy students. Critics also pointed out issues in selecting TVET courses, with delays caused by unclear instructions from the Kenya Universities and Colleges Central Placement Service (KUCCPS).
The petitioners have called the model “arbitrary, obscure, expensive, and illegal,” stating that its implementation harms university and TVET students.
Earlier this year, the court temporarily halted the model’s implementation, pending a full review of the case.
