High Court orders universities to allow learning for students yet to pay full fees

Students can now breathe a sigh of relief after the High Court ordered public universities not to decline to admit, provide learning or access to facilities to learners yet to pay full fees as stipulated under the new funding model.

Justice Bahati Mwamuye issued the orders on Friday after the Consumer Federation of Kenya (COFEK) and Elimika Mashinani Trust moved to court.

"Pending the inter partes hearing and determination of the Application dated 22/08/2024, a 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," read the court order.

The two petitioners argued that the government’s move is discriminatory and that students will be locked out of tertiary education on unconstitutional and illegal grounds.

The ruling comes amid controversies around the funding, with leaders and organisations faulting the model over concerns that it is discriminative and that it will lock out many needy students.

Key figures who have publicly opposed the new model include Chief Justice Martha Koome, as well as Senior Counsel and Narc Kenya leader Martha Karua.

CJ Koome termed the model as discriminative, saying that if the current model is implemented as is, there will be a serious inequality gap in the universities hence called for a review of the whole structure.

Karua echoed the sentiments saying the model is unconstitutional and open to manipulation, adding that little or no public participation was done before the government embarked on the new funding model hurriedly.