Relief for Students as Court Rules on University Funding Fee Dispute

Relief for Students as Court Rules on University Funding Fee Dispute

Students facing difficulties paying full fees under the new funding model can now breathe easier after the High Court ruled that public universities cannot deny admission, learning, or access to facilities to those who have not fully paid their fees.

Justice Bahati Mwamuye made this decision on Friday in response to a legal challenge by the Consumer Federation of Kenya (COFEK) and Elimika Mashinani Trust.

The court issued a conservatory order, pending further hearings, prohibiting public universities and other tertiary institutions from refusing to admit or provide services to students who have not paid the full fees.

The ruling applies to fees stipulated under the New Higher Education Funding Model, the New University Financing Model, and the New TVET Financing Model.

Concerns Raised by Petitioners

COFEK and the Elimika Mashinani Trust argued that the government’s new funding model is discriminatory and would unjustly exclude students from accessing tertiary education on unconstitutional grounds. Widespread concerns about the fairness and inclusivity of the new model supported their legal action.

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The court order stated: “Conservatory order be and is hereby issued prohibiting the Respondents jointly and severally, and all public universities and public institutions of tertiary learning, from refusing to admit and/or provide learning, training, and/or access to facilities for any student or prospective student on the basis that they have failed to raise or fully pay the fees stipulated under the New Higher Education Funding Model, the New University Financing Model, or the New TVET Financing Model.”

Opposition to the Funding Model

The ruling comes amid growing opposition to the new funding approach, with several leaders and organizations criticizing it for its potential to marginalize needy students. Notable figures who have spoken out include Chief Justice Martha Koome and Senior Counsel Martha Karua, the leader of Narc Kenya.

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Voices Against the New Model

Chief Justice Koome has expressed concerns that the new funding model could exacerbate inequality within universities, calling for a comprehensive review of the entire structure. Martha Karua has similarly asserted that the model is unconstitutional and vulnerable to manipulation, highlighting its implementation with minimal public consultation.

Relief for Students as Court Rules on University Funding Fee Dispute

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