Contrary to President William Ruto’s remarks at Sagana State Lodge on March 31, 2025, that the court of appeal found the new university funding model constitutional and lawful, the Elimu Bora Working Group (EBWG) clarifies that this was a misrepresentation of the court ruling.
The court of appeal has not overturned high court judge Chacha Mwita’s judgement that declared this funding model unconstitutional, despite widespread misinformation from Ruto suggesting otherwise.
The court of appeal, through a ruling on March 26, 2025, only allowed conditional implementation of the model pending the final judgment of the appeal. The conditions for a stay of execution pending the appeal are that:
- The government was ordered to create and publicize an appeals mechanism for aggrieved students within 14 days.
- The conditions mandate full transparency about the contingent nature of current funding arrangements. The order explicitly requires the Higher Education Loans Board (HELB) and the Trustees of the Universities Fund to inform those who apply and receive funding that the funding is under court challenge and may change in the future depending on the outcome of the appeals.
- The intended appellants were granted 14 days to file their appeals.
This stay of execution comes with specific conditions that government agencies, including HELB and the Universities Fund Kenya, must strictly follow.
We condemn in the strongest terms Ruto’s misleading statements claiming victory for the state’s push to implement this harmful funding model, which directly contradicts the court’s actual ruling.
Such pronouncements from the highest office misrepresent facts and dangerously encroach upon judicial independence at a critical moment for Kenya’s education system.
Ruto must respect the separation of powers and refrain from interfering with ongoing judicial processes determining access to higher education.
According to the court of appeal, the appeal will be listed for a priority hearing in the second term of this year. No final decision has yet been rendered on the constitutionality of the funding model.
We must all correctly interpret the court’s order as a temporary compromise arrangement, not a validation of this exclusionary funding scheme.
The funding model, stripped of government propaganda, represents nothing less than a dramatic increase in higher education costs that puts university degrees beyond the reach of many deserving students.
This model fundamentally threatens the constitutional right to accessible education and reverses decades of progress toward educational equality in Kenya.
The High Court correctly recognized these dangers when Justice Mwita declared the model unconstitutional on December 20, 2024. We wholeheartedly support this judgment and will continue to defend it through all available channels.
We remind all Kenyans that this model was implemented without proper public participation and fails to address the needs of students from disadvantaged backgrounds.
The court’s requirement for an appeal mechanism acknowledges the inherent flaws in the current categorization system.
Despite ongoing legal challenges, Kenyan students must remain vigilant against the government’s persistent attempts to implement this exclusionary model.
All students should understand that under the court of appeal’s order, any funding received through this model is explicitly conditional and subject to change based on the final court determination.
We urge students to document any challenges they face under this system and prepare to utilize the mandated appeals mechanism when it becomes available within the next week.
As per the court's directive, we expect full compliance from the parties concerned and trust that the court will facilitate close monitoring, particularly regarding establishing the appeals mechanism within 14 days and ensuring transparency with students about the conditional nature of the funding.
We call upon all progressive voices in Kenya’s education sector—students, parents, teachers, academics, civil society organizations, and concerned citizens—to join this crucial struggle for educational justice.
The future of Kenya’s next generation depends on our collective ability to resist policies that commodify education and restrict opportunity based on economic status.
Together, we can ensure that the constitutional promise of accessible education remains a reality for all Kenyans, regardless of their background or financial circumstances.
