President William Ruto’s administration has faced a significant legal setback after the High Court ruled that the controversial New University Funding Model is unconstitutional.
In a landmark judgment delivered on Friday, December 20, Justice Chacha Mwita declared the funding framework discriminatory, arguing it unfairly shifted the financial burden from the government to parents. The ruling emphasized the lack of public participation in crafting the model, a critical constitutional requirement.
“The new funding model was implemented without engaging the public, denying citizens an opportunity to provide input,” Justice Mwita stated.
The case was brought before the court by the Kenya Human Rights Commission (KHRC), which argued that the funding strategy violated students’ right to education. The commission highlighted that many families were struggling to meet the increased financial obligations under the new system.
Key Highlights of the Ruling:
- Discrimination Against Students: The court found the model placed undue pressure on students and their families, widening the gap between the privileged and underprivileged.
- Public Participation Ignored: The judge ruled that the government bypassed public consultations, contravening Article 10 of the Constitution, which mandates transparency and accountability in policy formulation.
- Government Obligations: Justice Mwita reaffirmed that higher education funding remains a state responsibility, warning against efforts to offload such duties onto citizens.
What This Means for Students and Parents
The ruling effectively halts the implementation of the new funding model, offering relief to thousands of students who faced financial strain. Universities and colleges may now revert to the previous system while the government explores alternative policies.
This judgment is a win for education advocates and underscores the judiciary’s role in safeguarding constitutional rights. It also raises questions about the Ruto administration’s policy priorities and its adherence to constitutional requirements.
Government’s Next Steps
The Ministry of Education has yet to comment on the ruling or outline its response. Legal experts suggest the government could either appeal the decision or return to the drawing board to develop a more inclusive funding strategy.
This decision comes amidst growing public discontent over rising living costs and strained public resources. Stakeholders are now calling on the government to ensure future policies are both equitable and constitutionally compliant.
