High Court Judge Chacha Mwita Friday, December 20, said the government made a mistake in introducing new education funding model saying despite it lacking public participation, it is discriminatory as Kenyan students are entitled to education.
The court added that it is government’s responsibility to fund public universities, and that by passing the responsibility to parents, there will be a violation of the Constitution.
“It should have been subjected to the public so that the public comments before it’s implementation,” High Court said.
Accoriding to case filed by the Kenya Human Rights Commission (KHRC) in 2023, the model is unconstitutional and does not prioritise needy students. Petitioners specifically said the model would create confusion, especially when it comes to the selection of technical courses.
“The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined and illegality; an affront to the right to education as part of economic social rights.
“The respondents have accordingly acted illegally and ultra vires in the implementation of the funding model to the detriment of hundreds of thousands of universities and TVET students and their families,” the petition noted.
