The High Court through judge Chacha Mwita has declared the new university funding model unconstitutional and discriminatory.
According to the court, it is the responsibility of the government to fund education of students in public universities and passing the responsibility to parents is a gross violation of the constitution.
Judge Chacha Mwita continued by saying that there should have been public participation and that there were some points that needed to be tabled before parliament for legislation.
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“It should have been subjected to the public so that the public comments before it’s implementation,” he said
The Judge was speaking in regard to a petition filed by the Kenya Human Rights Commission (KHRC) which termed the new model selective and not prioritizing students from poor background.
“The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined and illegality; an affront to the right to education as part of economic social rights,” read the petition
President William Ruto has himself found it hard to convince Kenyans that the new university funding model is there to help those from needy background.
“The respondents have accordingly acted illegally and ultra vires in the implementation of the funding model to the detriment of hundreds of thousands of universities and TVET students and their families.” it continued