The Higher Education Loans Board (HELB) has issued the way forward for the implementation of the new university funding model after a high court’s decision.
In a statement, HELB indicated that it will take legal action and fully comply with the high court’s decision to stop its implementation.
Further, the statement noted that the Board will work with the Ministry of Education to explore other ways of going about the matter.
“This is to inform all stakeholders that HELB is fully complying with the order while working closely with the Ministry of Education in exploring all the urgent legal options to reach an amicable resolution,” a statement from HELB read in part.
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High Court Judgement on the Funding Model
The High Court Justice Chacha Mwita suspended the implementation of the funding model on October 3, 2024, and issued a conservatory order halting the implementation of the HEF model.
The move followed a petition filed by the Kenya Human Rights Commission (KHRC), and other parties.
Further, Judge Mwita directed that the ruling will take effect until the case filed by KHRC and others, including Elimu Bora Working Group, is determined.
The petitioners argued that President William Ruto overstepped his authority by launching the program without following proper legal procedures, asserting that a president does not have the power to make laws unilaterally.
According to the petitioners, the funding model, which was introduced by President Ruto on May 3, 2023, negatively impacts millions of Kenyans in their pursuit of affordable and quality education.
One of their main concerns is the rising cost of education.
“These students will be unable to afford the new prohibitive school fees and will be denied their constitutional right to education,” the petition reads in part.
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Notice to University Students Seeking HELB
HELB has indicated that it intends to get over the matter quickly to ensure that university studies are uninterrupted.
However, the board has not indicated whether the suspension will impact students whose education is already in progress.
“We look forward to overcoming the current impasse soon to ensure that all students continue with their studies uninterrupted.
“Furthermore, we reiterate our commitment to make higher education financing accessible to all needy Kenyan students.”
In September, Education Cabinet Secretary (CS) Julius Migos Ogamba said that the government would ensure all university students sit their end-semester examinations without clearing their fees.
“As of now, 75,000 (60 percent) of students have paid their household contribution fees, but we will ensure that those who haven’t paid are allowed to sit their exams,” CS Ogamba said.
President William Ruto appointed a committee comprising four workstreams or sub-committees to review the new university funding model.
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