The High Court has suspended the implementation of the new higher education funding model, which allocates loans to students based on their families’ monthly income.
Justice Chacha Mwita issued the suspension after a petition was filed by the Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group.
“Conservatory orders are hereby issued, preventing the respondents from implementing the new education funding model until the petition is heard and determined,” Justice Mwita ruled.
The petition, filed last year by KHRC, Boaz Waruku, and Elimu Bora Working Group, challenges the government’s move to implement the Variable Scholarship and Loan Funding (VSLF) model.
The model was introduced following a presidential directive in a gazette notice dated September 30, 2022, which established a working party on education reforms.
This working party made recommendations leading to the new funding framework.
The petitioners argue that the model was introduced hastily, without proper public consultation or legislative approval.
They pointed out that the Higher Education Loans Board (HELB) and the Universities Fund had already been tasked with overseeing higher education financing in Kenya, and their roles had not been repealed.
The petitioners also claimed that the new system is unconstitutional, particularly because it disadvantages students under 18 years old, who are legally considered minors, preventing them from accessing loans or enrolling in universities.
Additionally, the petitioners accused the president’s directive of bypassing Parliament’s authority in making laws.
In defense, HELB, through its CEO Charles Ringera, stated that the new funding model was necessary due to the significant financial challenges facing public universities and colleges.
HELB maintained that the model is fair and non-discriminatory, offering all students the opportunity to apply for scholarships and loans.
According to HELB, the allocation is based on a digital analysis of students’ financial needs, ensuring no eligible applicant is left behind.
The case is set for a hearing on December 16.
