The High Court has suspended the new funding model for higher education that requires HELB to apportion loans to students based on their families’ monthly income.
Justice Chacha Mwita issued the order following a petition filed by the Kenya Human Rights Commission and Elimu Bora Working Group.
“Conservatory orders are issued against the respondents from implementing the new education funding model until hearing and determination of the petition,” said the Judge.
KHRC, Boaz Waruku and Elimu Bora filed the case in court sometime last year following a gazette notice by the president dated September 30, 2022.
In the notice, the president appointed a presidential working party on education reform which later made recommendations to the head of state and ordered implementation of the new higher education funding model.
The petitioners told the court that the model also known as Variable scholarship and loan funding (VSLF) was implemented in a rush without consultation and legislative sanction.
They said HELB and the Universities Fund had already been mandated to oversee higher education funding in Kenya.
They also maintained that the model is not unconstitutional as public participation was considered.
“These provisions have not been repealed and yet have been ignored,” they said.
They told the court that the new system has frustrated students under 18 from joining universities and receiving funds due to their legal status as minors.
They argued that the presidential directive that instituted the funding model is unconstitutional and an attempt to usurp parliaments law making role.
The new higher funding model is designed to provide financial support to students enrolled in universities and TVET institutions through a combination of loans, government scholarships, and household contributions.
In response, HELB through its CEO Charles Ringera said the huge financial challenges facing public universities and colleges necessitated the appointment of the presidential working reform.
The model, they said, is not discriminatory as claimed but allows all students to apply for scholarships and loans.
The application data, according to the documents, is digitally analysed to inform scholarship and loan given gauged by the level of need.
“No eligible applicant will be left behind or locked out from benefiting,” said HELB.
The case will be heard on December 16.
