The court failed to sit on the day our case was to be mentioned. Another mention date—October 3, 2024—was set.
The court directed that the Kenya Universities and Colleges Placement Service be served again. Judge Chacha Mwita said the case would be mentioned on May 29, 2024.
Judge Chacha Mwita ordered the parties involved to be served, and the respondents were required to respond. Directions were scheduled to be given on February 12, 2024.
KHRC, Boaz Waruku, Elimu Bora Working Group, and the Student Caucus filed the case to stop the new higher education funding model. They argued that it inherently discriminatory and disproportionately excludes millions of students from accessing financial support for their university education.
On May 3, 2023, President William Ruto launched a new higher education funding model called the Variable Scholarship and Loan Funding (VSLF).
The model offers financial assistance to students pursuing higher education in universities and Technical and Vocational Education and Training (TVET) institutions. The support is provided through government scholarships, loans, and student household contributions.
Students must apply individually for the loans and scholarships, with applications assessed using the Means Testing Instrument (MTI). The MTI determines the student’s level of financial need to ensure they receive adequate support. Based on this, students are categorized as vulnerable, extremely needy, needy, or less needy.
However, no scientific method determines a student's level of neediness, raising concerns that students requiring scholarships and loans might not be appropriately classified for awards.
Additionally, the distribution of funds lacks transparency. Details such as loan terms, interest rates, repayment conditions, and the process for appealing declined scholarship requests are not disclosed.
Furthermore, the funding model excludes students under 18.
Due to these violations, on October 13, 2023, we sued to stop VSLF, arguing that it is inherently discriminatory and disproportionately excludes millions of students from accessing financial support for their university education.