Members of Parliament have rejected the reforms in Universities Regulations 2023 adopted by the Ministry of Education.
In a decision on Wednesday, September 27, National Assembly Speaker Moses Wetangula affirmed that the mandate of making laws is strictly a preserve of parliament.
As such, the Speaker directed Majority Leader Kimani Ichung’wah to prepare a statement on the adopted regulations in liaison with Education Cabinet Secretary Ezekiel Machogu.
“Majority Leader, you will have to engage the Minister and I will direct you to bring a comprehensive statement to that issue on Tuesday, a week today,” Wetangula stated.
“Nobody and I repeat nobody, no Ministry of Government can purport to make law,”he added.
The decision followed a motion moved by Ainabkoi MP Samuel Chepkonga seeking to annul the Universities Regulations 2023.
In his motion, the Ainabkoi legislator argued that the procedure followed to adopt the regulations was irregular.
Further, Chepkonga noted that some recommendations contained in the guidelines were inconsistent with previously existing laws and hence could not stand.
University Funding Model
Additionally, the MP raised the issue of the new funding model in universities which he noted have affected people across Kenya.
Also Read: Ruto Launches Mama Mboga University
“Those recommendations and guidelines are being implemented without this house approving them,” Chepkonga noted.
“For instance, the funding for the universities will follow a certain trajectory. Those regulations have not come to this house, and they are implementing them and it’s affecting our students.”
Chepkonga’s motion was seconded by Kilgoris MP Julius Sunkuli who described the regulations as duplication of roles.
Also Read: Azimio Issues Demands on University Fees, Admission
According to Sunkuli, implementing new regulations in universities without involving parliament amounts to taking the authority of making laws from the legislature.
Ichung’wah’s Take
In his response, Ichung’wah agreed with submissions and underscored the provisions of the constitution handing parliament the jurisdiction to make laws.
“Anything touching on the constitution can only be changed in line with the constitution can only be changed in parliament,” Ichung’wah stated.
The state adopted the Universities Regulations 2023 in May as part of the reforms proposed to enhance the effectiveness of Kenya’s education system.
With the decision, Parliament now wants Machogu to align the regulations with the constitution.
