High Court Blocks Ruto’s Controversial Education Funding Plan

The Kenya High Court has issued a temporary injunction against the implementation of President William Ruto’s controversial higher education funding model.

This ruling comes in response to a petition filed by the Kenya Human Rights Commission (KHRC) and other concerned parties, who argue that the new system could potentially exclude numerous students from accessing higher education due to its discriminatory nature. Justice Chacha Mwita, presiding over the case, noted that the government’s delayed response to the petition, which was initially filed on October 13, 2023, thus contributing to the protracted legal proceedings. The petitioners, including the Elimu Bora Working Group, Boaz Waruku, and the Students Caucus, sought to halt the implementation of the new funding model on the grounds that it infringes upon the rights of Kenyan learners, particularly those from disadvantaged backgrounds.

President Ruto’s proposed funding model introduces a five-tier system that categorizes students based on their perceived financial needs. While students from the most vulnerable households would receive full funding, those deemed less needy would be eligible for up to 90% support. However, critics argue that the criteria used to determine these categories are flawed and fail to accurately represent the financial realities faced by many Kenyan families. The KHRC has been at the forefront of opposition to the new model, asserting that it violates the fundamental right to education. Furthermore, the petitioners contend that President Ruto did not adhere to proper procedures when launching the model.

The case is scheduled for further deliberation on December 16, 2024, when both parties will present their arguments in detail. The controversy surrounding the new funding model has sparked widespread protests among university students across Kenya. Many have taken to the streets to demand the abolition of the model, which they believe unfairly disadvantages students from lower-income households. The Ministry of Education’s projection of 138,538 students joining higher learning institutions in 2024 has fallen short, with only 124,364 students reporting so far, raising concerns about the model’s effectiveness and impact on enrollment. Public dissatisfaction with the new funding system extends beyond the student body.

Educators, parents, and other stakeholders have voiced their concerns, particularly regarding the parameters used to assign students to their respective funding bands. The Means Testing Instrument (MTI), which assesses household income levels and other factors, has been criticized as an unreliable measure of a family’s true financial situation. The funding model was introduced as part of President Ruto’s broader education reform agenda, with the government defending it as a means to enhance accessibility and equity in higher education. However, the widespread backlash suggests that many believe the model falls short of these objectives.