High Court Judge Chacha Mwita has ruled that Kenya’s new education model fund is unconstitutional, citing discrimination against students’ right to education. The court emphasized that it is the government’s duty to fund public universities, and shifting this responsibility to parents violates constitutional rights and legitimate expectations.
The judge highlighted that public participation was essential before implementing the new model, stating that it should have been subjected to public scrutiny and legislative debate in Parliament. The ruling stems from a case filed by the Kenya Human Rights Commission (KHRC), which argued that the model fails to prioritize needy students.
Petitioners also raised concerns about confusion in selecting Technical and Vocational Education and Training (TVET) courses, with students experiencing delays due to unclear guidance from the Kenya Universities and Colleges Central Placement Service (KUCCPS). They described the funding model as “arbitrary, obscure, and illegal,” undermining the right to education.
On October 3, 2024, the court issued a temporary halt to the model’s implementation while the case, brought forth by KHRC, the Elimu Bora Working Group, and the Students’ Caucus, is pending determination. The decision has significant implications for the education sector and the financial responsibilities of students and their families.
