Blow to Govt as High Court Rules on University Funding Model

The High Court of Kenya has rejected an application to suspend its ruling that declared the government’s new university funding model unconstitutional.

In his decision, Justice Chacha Mwita reaffirmed the judgment made on December 20, 2024, stating that the funding model violated the constitution.

“Consequently, for the reasons stated above, the application dated January 27, 2025, is declined and dismissed. I make no order regarding costs,” the court stated.

The application, filed by the Kenya Universities and Colleges Central Placement Service (KUCCPS), sought a temporary suspension of the court’s decision to allow the regularization of the new funding model.

Court Declines to Suspend Ruling Declaring University Funding Model Unconstitutional

KUCCPS argued that nullifying the model had created uncertainty and a looming crisis in funding for higher education, particularly affecting first-year students who had already been placed in universities under the new system.

However, the court declined the request, stating that suspending the declaration of invalidity would permit the respondents to continue acting outside the law.

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Justice Mwita emphasized the court’s role under Article 165(3) of the Constitution, which is to determine violations of rights and fundamental freedoms and to ensure compliance with the law.

“Public interest is better served when everyone operates within the law. The new funding model was found to be inconsistent with the Constitution and existing laws, and suspending its nullification would only allow actions taken outside the legal framework to continue,” Justice Mwita stated in his ruling.

Justice Chacha Finds it Contradictory for Respondents to Seek Suspension While Appealing Ruling

The court also noted that the respondents, who included the Attorney General, the Cabinet Secretary for Education, and the Higher Education Loans Board (HELB), had already filed applications in the Court of Appeal challenging the High Court’s decision.

Justice Mwita found it contradictory for the respondents to support the suspension of the declaration while simultaneously seeking to overturn the same decision in the appellate court.

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The petitioners, led by the Kenya Human Rights Commission (KHRC) and the Elimu Bora Working Group, opposed the application, arguing that it was an abuse of the court process and amounted to forum shopping.

They maintained that the court lacked jurisdiction to grant the orders sought, as it had already resolved the matter and has already fulfilled its duty.

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