The High Court will this morning issue directions in a case challenging
the new universities funding model.
The matter is listed before Justice Bahati Mwamuye.
The court in August this year issued temporary orders blocking the implementation of the model.
This is after Cofek and Elimika Mashinani filed a case in court challenging the same.
The order by the court meant that Public universities will be required to admit and provide learning to students who have failed to raise or fully pay fees as required under the new university funding model.
The Judge in his orders prohibited all public universities and public institutions of tertiary learning from refusing to admit or provide learning and access to facilities for any student on the basis that they have failed to pay fees under the new Higher education funding model, the new university model or TVET financing model.
The petitioners in the case argued that the move by the state is affecting a majority of students set to join or continue education within public universities through the applications of the new Higher education funding model.
They termed the model as discriminatory as it would see other people locked out of tertiary education.
"The funding model will adversely affect people from poor backgrounds and deny them an opportunity to pursue higher learning. It goes against the provisions of the existing laws," they told the court.
The court, at the time the matter was filed, heard that the admission window for the same is set to open on August 26 and close on September 6.
President William Ruto unveiled the new university and TVETs funding model on May 3, 2023.
The funding model places students in five bands using eight variables, including parents’ background, gender, course type, marginalization, disability, family size, and composition.
Ruto said it was aimed at primarily benefiting students from extremely poor backgrounds.
Under the model, learners from vulnerable and extremely needy families have equal opportunities at accessing university education, he said.
Needy students will receive government scholarships of up to 53 per cent and loans of up to 40 per cent.
"Parents will only pay 7 per cent of the total cost of their university education," Ruto said.
Those joining TVETs will receive government scholarships of up to 50 per cent and 30 per cent in loans. Their households will pay 20 per cent of the costs.
