KENYA : Higher Education Loans Board (HELB) is yet to disburse last semester's Funds to Students, more than two weeks since a fresh semester started, casting a shadow of doubt on government's commitment to providing Quality education and supporting young Kenyans from humble backgrounds.
Still, students in higher learning institutions in the country might have to wait longer to receive their HELB upkeep Loans.
Introduction of a new university funding model, supposedly an initiative meant to ease the burden of Tuition fees, turned out to be a choke-hold on Parents who have been forced to part with more cash to facilitate their Sons and Daughters Education.
High Court last month cancelled the new funding model, in his ruling, Justice Mwita declared the model unconstitutional and ordered the government to comply with constitutional and legal requirements.
The decision followed a successful challenge by the Elimu Bora Coalition, the Kenya Human Rights Commission, and student representatives, who argued that the funding model lacked public participation, was discriminatory, and violated students’ constitutional right to education.
The Universities Fund and the Higher Education Loans Board (HELB) last week filed an appeal against the High Court’s recent ruling.
The funding bodies argue that the decision, delivered by Justice Chacha Mwita on December 20, 2024, could disrupt learning in universities due to delays in disbursing funds to students, particularly those in their first and second years.
In their appeal, the agencies claim that the ruling has made it impossible to release funds to universities and students, as the new model was designed to benefit those in their early years of study.
They further argue that the court’s judgment was flawed both legally and factually, with serious consequences for the education sector.
Geoffrey Monari, CEO of the Universities Fund, stated in his affidavit that the funding model was introduced after thorough public consultation and was designed to promote equity and fairness.
He contended that it was a significant improvement over the previous system, which focused primarily on quality. Monari warned that the ruling could lead to a standstill in higher education, as the funding model is now effectively frozen.
“The model was more cost-effective and efficient in financing higher education, and its cessation is detrimental to the sector,” Monari said.
HELB’s Acting CEO, Mary Muchoki, also highlighted the gravity of the situation in her affidavit. She explained that the judgment has left HELB unable to provide funding to universities or students, placing institutions at risk of imminent and indefinite closure.
Muchoki noted that the ruling would lead to the suspension of HELB’s operations in financing university education entirely.
Both organisations confirmed that, due to the court’s prohibitory orders, they are unable to make payments to students.
Education Cabinet Secretary Julius Ogamba reiterated this saying, “As a government, we are against that position and we also made an application for state pending that appeal and it's been filed. We are waiting for directions from the courts.”
As the government moves up and down in court corridors, the fate of thousands of University Students and others in tertiary institutions hangs in the balance, with some deferring studies and others sinking into depression.
The government has left the task of providing upkeep and tuition fees to parents, for now.
Factor this : A student whose parent depends on casual jobs to Pay fees, rent and Upkeep for his/her child. The Parent earns a Partly Ksh 500 a day, 6 times a week, with the work not guaranteed. That's Ksh 12,000 a month if they're lucky enough to get work daily. A rental, single room/bedsitter around campus with cost about Ksh 6,000 a month, that's already half the parents pay.
The student, has not had a meal to eat or dressed, incorporate charges incurred by assignments, parents haven't eaten, siblings, fees is not yet paid and all that depends on the remaining Ksh 6,000.
It gets worse and worse for students with every passing day, despite the Ministry of education's assurance to fast track the standoff.