Education Cabinet Secretary Julius Ogamba has assured university students that they will continue receiving funding under the new university funding model.
There has been anxiety among students in their second, third and fourth years in university after the High Court declared the new model unconstitutional last year.
Students are worried that following the annulment of the funding model following a petition in court, they risk dropping out over lack of university fees.
In a bid to allay fears, Ogamba said the government would release funding to cater for the fees and upkeep of students in universities because the money was already allocated in the 2024/25 budget.
The CS said there should be no cause for alarm over the funding model as the government is working hard to align university funding with the court's ruling.
"The government will release funding to universities based on the new university funding model even as it seeks ways to address the issues raised by the court because the money is already in the budget,'' Ogamba said.
Most universities are opening for the new academic year this week with students concerned that they may find it difficult to survive if the government does not release money for fees and upkeep.
This is because most of the students rely on government funding to survive in universities with the majority also under government funding.
In December 2024, Kenya's High Court ruled that the country's new university funding model was unconstitutional.
The court found that the model violated the Constitution in several ways, including by being discriminatory, failing to meet public participation requirements, and lacking legal grounding.
In his ruling, Justice Mwita declared the new university funding model unconstitutional for several reasons.
The high court noted that it violates Section 53 of the Universities Act by introducing policies that conflict with the law.
The court also found the model discriminatory, citing its unequal treatment based on financial ability, school type, age, and ambiguous criteria such as “household income,” which violate Article 27 of the Constitution.
The Article guarantees equality and freedom from discrimination.
Additionally, the funding model breached students’ legitimate expectations by abruptly replacing the existing framework without prior notice or consultation.
Furthermore, the court ruled that the model failed to meet constitutional requirements for public participation and parliamentary oversight.
