Government to Appeal High Court Ruling on University Funding Model.
The government has announced its intention to move to the Court of Appeal to challenge the High Court ruling that declared the new university funding model unconstitutional.
Education Cabinet Secretary Julius Migos confirmed that the government has already instructed a team of lawyers to appeal the decision made by Justice Chacha Mwita.
Migos expressed concern over the potential consequences of the ruling, stating that it would have adverse effects on both university students and institutions, many of which are struggling with financial constraints.
A Model Under Fire from the Start
The new funding model, which was introduced as part of the Kenya Kwanza administration’s plan to address university financing challenges, faced significant opposition from various stakeholders, including students and parents.
These groups criticized the model for being discriminatory, arguing that it would lock out a large number of learners from accessing higher education.
The government had initially hoped the model would be a solution to the perennial financial struggles faced by universities, but the Friday court ruling has largely confirmed the opposition’s concerns.
Migos defended the model, stating that it had undergone adequate public participation, starting with the Presidential Working Party on Education Reforms.
“The model is non-discriminatory,” Migos asserted, emphasizing that its absence would disadvantage more than 60% of learners.
Legal Foundation and Public Participation Controversy
The ruling, issued by Justice Mwita, declared the funding model unconstitutional, citing its lack of legal foundation and the failure to conduct proper public participation.
The decision followed petitions from several groups, including the Kenya Human Rights Commission and the LI Liu Bora Working Group, who had argued that the model violated constitutional principles.
Justice Mwita’s ruling prohibited the Education Cabinet Secretary and the Higher Education Loans Board from proceeding with the implementation of the model.
Migos defended the government’s actions, arguing that the model had undergone sufficient consultation and was vital for sustaining the educational system.
He further explained that the government could only support 38% of learners under the current model, with the remaining 60% at risk without its implementation.
Financial Implications and Future of the Model
Before the court ruling, the government had already disbursed KSh 2.8 billion of the required KSh 3 billion in scholarships for students under the new model. However, due to the ruling, the model’s future is now uncertain.
“The model cannot be implemented as it stands,” Migos acknowledged, pointing out that it is no longer operational due to the legal setback.
Despite the ruling, the government had already allocated KSh 5 billion of the KSh 16 billion budgeted for the semester, with a significant portion aimed at supporting students under the new funding model.
Improvements or New Proposals
Education experts have suggested that the government may consider improving the existing model of funding, known as Differentiated Unit Costing.
Alternatively, universities could be tasked with proposing a new funding structure, which would undergo the necessary public participation process in line with constitutional requirements.
This proposal would aim to ensure that the right to education, as enshrined in the Constitution, is upheld.
As the government prepares for its appeal, students who had already received funding under the now-unconstitutional model face an uncertain future.
“The ruling is a reprieve for parents who opposed the model due to its financial criteria,” said Migos.
“However, it is unfortunate for the students who were benefiting from the model, as their future now hangs in the balance.”
As the legal battle continues, the fate of the new funding model remains unclear, leaving many students and educational institutions in limbo.
Uncertainty for Students and Institutions
The uncertainty surrounding the future of the new funding model has created a sense of instability for students who were dependent on it. With the government’s appeal in progress, many are left wondering how the situation will evolve.
The Education Cabinet Secretary has reiterated that the government is committed to addressing the financial challenges facing university students but emphasized that the legal process must play out before a final resolution can be reached.
Government to Appeal High Court Ruling on University Funding Model.
