The Higher Education Loans Board (HELB) has announced its full compliance with a court order issued by Hon. Justice E.C. Mwita on October 3, 2024.
This ruling addresses the controversial Student-Centered Funding Model, which has been at the centre of ongoing legal disputes concerning the allocation of financial resources for students.
HELB has expressed its commitment to collaborating closely with the Ministry of Education to explore all available legal options in pursuit of an amicable resolution to the matter.
The organization underscored its proactive stance in response to the court’s mandate.
“Following the Court Order issued on 3rd October 2024 at 15:19 hrs by Hon. Justice E.C. Mwita regarding the New Funding Model [Student-Centered Funding Model], this is to inform all stakeholders that HELB is fully complying with the order while working closely with the Ministry of Education to explore urgent legal options to reach an amicable resolution,” HELB stated in a press release on Wednesday, October 9, 2024.
The board emphasized the urgency of resolving the current impasse to ensure that students can continue their education without disruption.
“We look forward to overcoming the current impasse soon to ensure that all students continue their studies uninterrupted,” the statement added.
“Furthermore, we reiterate our commitment to making higher education financing accessible to all needy Kenyan students.”
Legal challenges and court rulings
The High Court’s decision to suspend the new university funding model stems from an urgent case that cited discriminatory practices within the model.
Justice Mwita ordered that submissions from the respondents, including the Attorney General, the Education Cabinet Secretary, and the Kenya Universities and Colleges Central Placement Service (KUCCPS), be filed within 14 days, leading up to oral submissions scheduled for December 16.
Delays in filing by the government entities involved have been noted by the court as a factor hindering the progress of the case.
The Kenya Human Rights Commission (KHRC), the Elimu Bora Working Group, Boaz Waruku, and a Students Caucus initiated the legal proceedings on October 13, 2023, claiming that the funding model effectively excludes thousands of students from accessing higher education, which they argue is discriminatory.
The petitioners contend that the implementation of the new funding model breaches the right to education.
They also pointed out procedural shortcomings, asserting that President William Ruto did not adhere to due process when he unveiled the model.
The Variable Scholarship and Loan Funding (VSLF) model was launched by President Ruto in May 2023, categorizing students into five bands based on need.
Students from vulnerable and extremely needy households are eligible for full funding, while those deemed less needy may receive up to 90% of funding.
