President William Ruto suffered a significant setback after the High Court declared the New University Funding Model unconstitutional.
In a ruling delivered on Friday, December 20, 2024, Justice Chacha Mwita ruled that the funding model discriminates against students and places an undue financial burden on parents.
“The new funding model shifts the responsibility of financing universities and colleges to parents, which is discriminatory,” the judge ruled.
Justice Mwita further criticized the lack of public participation in the rollout of the model, stating, “It should have been subjected to the public so that their comments could be incorporated before implementation.”
The ruling followed a petition filed by the Kenya Human Rights Commission (KHRC), which argued that the model unfairly discriminates against students, particularly those under 18 years of age.
In its submission, KHRC highlighted concerns over the arbitrary classifications used to determine funding allocations.
“The petitioner avers that the Funding Model discriminates against millions of students who are subjected to arbitrary classifications not based on merit or qualification but on financial ability,” the commission stated.
KHRC warned that these classifications would exclude many deserving students who fail to meet the model’s narrow eligibility criteria.
In response to widespread criticism of the model, President Ruto had, in September 2024, appointed a task force of over 100 members to review it. The team was tasked with engaging stakeholders and providing recommendations within eight weeks.
The High Court ruling now raises questions about the future of the model and whether the government will revise it to address the legal and public concerns raised.
