Nairobi, Kenya: In a landmark decision, the High Court of Kenya has declared the new university funding model unconstitutional. Justice Chacha Mwita issued interim orders suspending the implementation of the Variable Scholarship and Loan Funding (VSLF) model introduced by President William Ruto.
This ruling came after a petition from the Kenya Human Rights Commission (KHRC), Elimu Bora Working Group, and others, who argued that the model discriminates against thousands of students by limiting access to higher education.
Opponents also claim the model has caused confusion in selecting TVET courses, with delays due to unclear instructions from the Kenya Universities and Colleges Central Placement Service (KUCCPS).
The court cited a lack of public participation, prohibiting the government from implementing it.
The model, dubbed the Variable Scholarship and Loan Funding (VSLF), was launched by President William Ruto in May 2023. It categorized students into five bands, with those from vulnerable and extremely needy households eligible for full funding, while less needy students could receive up to 90% funding.
On October 3, 2024, the High Court had issued conservatory orders suspending the model pending the hearing of the petition. The court noted that delays by the Attorney General, Education Cabinet Secretary, and Kenya Universities and Colleges Central Placement Service (KUCCPS) in filing their responses had stalled the case.
The court has barred the Ministry of Education and associated bodies from proceeding with the model until the case is fully heard and determined.
The ruling is a major setback for the government, which had touted the model as a sustainable solution for funding higher education.
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