Introduction

The right to education provided for in Article 53 of the Constitution provides for free and compulsory basic education. Higher education is recognized in Article 13(1) of the International Committee of Economic Social and Cultural Rights (ICESCR) which forms part of law in Kenya as empowered by Article 2(6) of the Constitution. Article 13(2) of the ICESCR obliges Kenya to ensure higher education is made equally accessible to all, on the basis of capacity by every appropriate means, and in particular by the progressive introduction of free education.

Provision of higher education in Kenya has been struck by financial constrictions leading to some universities facing the risk of closure. This has led to high costs of education thus locking out potential students from humble backgrounds.

In effort to transform university education, the President, His Excellency Mr. William Ruto released a Statement on the new funding Model of Higher Education in Kenya on 3^rd May 2023. This noble expression of the government to fulfil its commitments under national and international law is intended to offset the challenges public universities have with regards to funding and promoting equitable access to opportunities in higher education. This new model will be transforming the student-centered framework by introducing the following changes:

1. Full government scholarship will be allocated to   needy students, who comprise 29% of those eligible to join universities. To this end, a criteria for calibrating the need levels of students has been established to include vulnerable, extremely needy, needy and less needy. This is a departure from the previous model which used to cater for all students alike under the Differentiated Unit Cost which would disburse funds to universities according to the number of units. Further, the funds were issued to all students regardless of their level of need.
2.  Increasing the funds allocated in the budget to higher education from Ksh.54 billion in the previous financial year to Ksh.84.6 billion translating to a 56% increase compared to the previous financial year. Further, this translates to an increase in the fees paid for students from Ksh152,000 to Ksh208,000 which is a 37% increase.
3. In line with making higher education accessible and affordable, the government intends to reduce the school fees for Technical and Vocational Educational Institutions (TVET) from Ksh71, 420 to Ksh67,189.
4. With regards to the placement of students, the government departs from the previous model where the Kenya Universities and Colleges Central Placement System (KUCCPS) was linked to funding. In the new model, higher educations systems will be required to   disclose and provide information on the cost of their academic programmes to KUCCPS after which, KUCCPS shall publish this information prior to the placement of students. This as was stated is aimed at motivating universities and TVETS to raise additional resources and enhance the quality of education to attract more students.
5. Public Universities will also be barred from charging additional charges   to raise fees without the approval of the University Funding Board. This move will be timely as funding challenges pushed the universities to charge additional charges which has locked out some students from pursuing education due to difficulties in raising such fees. Further, the University Funding Board will be responsible for sharing information on the available sources of funding through its portal and streamline the process for application of loans made available to the students.

Conclusion.

The right to education is a social-economical right which in progressive realization, the state is required to ensure that it is accessible, affordable, of good quality and is adequate to citizens as elaborated in international law and the Courts in Kenya. Particularly, Article 43(3) obliges the Government to give priority to the most vulnerable and marginalized in the society in line with affirmative action under Article 27(6) of the Constitution in providing for education. The new funding model is a promising gesture for Kenyans intending to pursue higher education in Public Universities as it will pave way for equitable access to higher education that is of good equality.

Implications for Higher Learning Institutions and Students.

The New Model has identified four funding streams that is student-centred funding, research funding, capital infrastructure grants and fee-for-services such as consultancy. The new funding model will require higher learning institutions to be proactive in raising funds to sustain their operations and provision of education to students.

Further, Courts in handling the issue of funding of private and government institutions have stated that funding public institutions of learning to the exclusion of private institutions, does not amount to discrimination. This distinction, as was held in Gabriel Nyabola vs Attorney General & 2 Others (2014) e KLR is intended to achieve the overall goal of progressively providing education. 

For private universities, this may have an immediate implication of financial shock as the government will no longer fund students who choose to study in Private Universities as they are allowed to choose under Section 56(1) (a) of the Universities Act. The universities will have to source for alternative means of funding to maintain the quality of education they offer as the Ministry of Education seeks to amend the Act to exclude students in private universities from accessing government scholarship.

Nevertheless, all is not lost for students who will elect to go to private universities as they shall still access government loans to partially cater for their school fees. The University Funding Board has been tasked with updating students, both in public and private universities of the available loans, bursaries and other scholarships available to enable them. For those in public universities, the needy will receive 53% of Government Scholarship, 40% loans, for the less needy, they shall receive 38% of government sponsorship, 55% loans and both, shall be required to up under their households by 7%.