In a landmark ruling, the High Court has mandated that universities must admit all students without requiring upfront fees, following the implementation of the new higher education funding model.
This decision marks a significant shift in the landscape of higher education funding and access in the country.
Under the new funding model, which aims to democratize access to higher education, students will be admitted based on merit without the immediate financial burden traditionally imposed.
Milimani High Court Judge Bahati Mwamuye’s order stipulates that institutions of higher learning must comply with this model, which is designed to ensure that financial constraints do not hinder students’ access to education.
“Pending inter parties hearing of the application date August 2, 2024, conservatory orders is hereby issued prohibiting the respondents jointly and severally and all public universities and public institutions of tertiary learning from refusing to admit and or provide learning, training and or access to facilities for any student or prospective student on the basis that they have failed to raise or fully pay the fees stipulated under the New Higher Education funding model, the new university financing model or the new TVET financing model,” Mwamuye ordered
The ruling comes in response to concerns that the previous system, which required substantial fees before enrollment, was creating barriers for many prospective students, particularly those from economically disadvantaged backgrounds.
By eliminating this requirement, the court’s decision is expected to increase educational opportunities and support socioeconomic equity.
Universities are now tasked with adapting their administrative processes to align with this new mandate. This includes restructuring their financial management systems to accommodate students without requiring upfront payments, while ensuring that they can still sustain their operations.
The decision is seen as a major step forward in making higher education more accessible and inclusive. It aligns with broader efforts to reform the education sector and address disparities in access to quality education.
Overall, the High Court’s ruling represents a significant development in Kenya’s higher education policy, promising to reshape the future of student admissions and financial management in universities across the country.
