Education Cabinet Secretary Julius Ogamba has indicated that the government is in the final stages of formulating a proposal for an improved university funding mode. This follows the High Court’s decision that quashed the previous model introduced in 2023.
According to the CS, a special committee established by President William Ruto last year had already submitted a preliminary draft containing the proposals with the rest of the changes expected to be completed by the end of this week. Once approved, the new funding model will come into effect by September when most first years would be joining their various institutions of higher learning.
The proposal includes an expansion of the variables of the Means Testing Instrument (MTI) used in determining a learner’s level of need. This is what caused an uproar as many felt that it locked out many deserving students.
In May 2023, President Ruto launched a new university funding model to offer financial assistance for students pursuing higher education in universities and vocational training institutions. Upon its launch, students were urged to individually apply for the loans and scholarships through a Means Testing Instrument which categorised learners as vulnerable, extremely needy, needly, or less needy.
After an uproar by members of the public, the High Court in Nairobi on December 20, declared the new funding model unconstitutional stating it was discriminatory to students who had the right to education. Justice Chacha Mwita, while delivering the ruling, noted that it was the government’s responsibility to fund public universities and thus the new funding model contravened the constitution.
The judge also faulted the government for failing to conduct adequate public participation in the piece of legislation. “It should have been subjected to the public so that the public comments before its implementation,” Justice Mwita stated.
The ruling followed a petition filed by the Kenya Human Rights Commission (KHRC) last year which argued that the funding model was discriminatory and lacked transparency.
Meanwhile, a section of university students are yet to report to their learning institutions for their second semester as uncertainty looms over the future of the new funding model with most students yet to receive their capitation.