High Court Declares University Funding Model Unconstitutional
— written by Francis on Dec. 21, 2024, 8:25 a.m.
In a significant legal development, the High Court has declared the new university funding model unconstitutional and discriminatory, citing a lack of public participation in its formulation.
Justice Chacha Mwita (unofficially referred to as The GOAT by VSLF critics), presiding over the case, ruled that the controversial VSLF model violated constitutional principles due to its discriminatory nature and the absence of public involvement in its development. In his judgment, Justice Mwita emphasized that the government’s actions in implementing the funding model without adequate public participation went against the principles of transparency and fairness.
"It's unrealistic if not unfair to consider someone earning Sh70,000 per month as needy considering the level of taxation in the country," said Mwita.
Photo of Justice Chacha Mwita. Source: standardmedia
He stated, “The right to education is enshrined in the Constitution, and any funding model must ensure that all students, regardless of their socio-economic status, have equal access to higher education.” He further noted, “The model, as implemented, discriminates against a large segment of students who will not be able to access higher education because of its inequitable nature.”
The judge also criticized the government for failing to involve the public in discussions regarding the funding model, a process that he argued was crucial for ensuring inclusivity. “Public participation is not just a formality; it is a requirement under the Constitution that ensures the legitimacy and fairness of policies affecting the people,” he added.
The court's decision has been met with relief by critics of the VSLF model, including students and university administrators who had expressed concerns over its fairness and implementation. They view the ruling as an opportunity to develop a more equitable and legally sound approach to funding higher education in Kenya.
A representative from the student union remarked, “This is a victory for all students who were at risk of being excluded from university due to the unjust funding model. We now hope that the government will come up with a better, more inclusive solution.”
The model will therefore be halted until the government complies with the constitutional legal requirements where necessary.
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