Blow to government as court declines to suspend ruling nullifying new University Funding Model
High Court declines to suspend ruling nullifying new University Funding Model leaving more than 400,000 students in limbo
High Court declines to suspend ruling nullifying new University Funding Model leaving more than 400,000 students in limbo.
In his decision, Justice Chacha Mwita reaffirmed the judgment made on December 20 last year, which noted that the funding model violated the Constitution.
The application, filed by the Kenya Universities and Colleges Central Placement Service, sought a temporary suspension of the court’s decision to allow the regularization of the new funding model.
In December last year, the High Court declared the new model unconstitutional.
In its ruling on Wednesday, the High Court ruled, “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 laws, and suspending its nullification would only allow actions taken outside the legal framework to continue.”
Justice Chacha Mwita further said, “I am not persuaded that there is merit in granting the application. Therefore, the application dated January 27, 2025, is declined and dismissed.”
The Ministry of Education, following the standoff, has moved to assure the over 245,000 candidates who sat the 2024 KCSE exam that they will be admitted to universities by September despite the impasse brought about by the court ruling.
Higher Education Principal Secretary (PS) Beatrice Inyangala met with education stakeholders on Wednesday in Naivasha, including the National Assembly’s Education Committee, to deliberate on the teething problems under the new funding model.
“What we are sure of is that we have time until September to resolve the problems under the new model. All those learners who are to join universities, we are assuring you that all of you will join your university of choice,” Inyangala stated.
According to the PS for Higher Education, the ministry is scheduled to provide guidelines on the opening of the Kenya Universities and Colleges Central Placement Service (KUCCPS) portal for the 2024 KCSE.
She added, “The new funding model is bringing more money into the education sector. Under the old model, it would take us 20 years to get to where we are today.”
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The Kenya Universities and Colleges Central Placement Service, in the case, argued that nullifying the model created uncertainty in funding for higher education, affecting first-year students who had already been placed in universities under the new system by the Ministry of Education.
Lawmakers who joined the stakeholders in Naivasha called for a fresh round of talks to streamline the new funding model, saying it is nearly impossible for taxpayers to finance all students in the universities.
“We have challenges with the funding model. Our economy, at the moment, cannot finance all university learners. We need to start public participation in this model so that we are able to balance and fix the problem,” the Education Committee said.
Other than the funding model, the Ministry of Education says it is grappling with financial challenges, with universities experiencing financial constraints and debts rising from Ksh.60 billion to Ksh.72 billion currently.
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