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The High Court has temporarily suspended the implementation of the new university funding model following a lawsuit filed by the Kenya Human Rights Commission (KHRC), the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus.
The suspension will hold until the case is heard and determined, with the next hearing set for December 16, 2024.
The petitioners filed the case on October 13, 2023, arguing that the new funding model is discriminatory and excludes thousands of students from accessing higher education.
The model, launched on May 3, 2023, by President William Ruto, is known as the Variable Scholarship and Loan Funding (VSLF).
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It seeks to support students in universities and Technical and Vocational Education and Training (TVET) institutions through scholarships, loans, and household contributions.
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Milimani Law Courts in Nairobi
The financial assistance is provided based on a Means Testing Instrument (MTI) that categorises students as vulnerable, extremely needy, needy, or less needy.
However, the petition challenges the transparency and fairness of this model, pointing out the lack of scientific methodology in determining financial need and the absence of detailed terms for loans and scholarships.
Delay in Case Progress
Justice Chacha Mwita noted that the case faced delays because the Attorney-General, the Cabinet Secretary for Education, and the Kenya Universities and Colleges Placement Service did not file their submissions on time.
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Graduates during the 23th graduation ceremony at Masinde Muliro University in Kakamega
As a result, the case, which initially failed to proceed on several occasions, is now set to resume for submission hearings in December 2024.
The High Court's interim orders halting the model provide temporary relief to the petitioners and affected students, as the case will further explore the potential discriminatory effects and lack of inclusivity in the higher education funding framework.