Why KUCCPS is yet to open applications for university placements
Despite the suspension of the new funding model, Wahome clarified that applications for technical vocational education and training and the Kenya Medical Training College slots remain open.
The Kenya Universities and Colleges Central Placement Service (KUCCPS) has explained why it has yet to open applications for university placement.
KUCCPS Chief Executive Officer (CEO) Agnes Wahome, appearing before Members of Parliament, attributed the delay to a court ruling that declared the new university funding model unconstitutional.
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She noted that Justice Chacha Mwita's ruling, issued on December 20, 2023, did not provide clear guidance on handling students, including those already placed in various courses.
As a result, the placement service had to halt the application process until the issue is resolved to prevent a funding crisis in higher education.
"The judgment that was delivered by Justice Mwita did not give a direction on how to treat students, even those that we had placed two years ago, and the direction moving forward when he said it was unconstitutional," Wahome stated.
"Looking at where we have come from, we were trying to avert the funding crisis in the higher education institutions," she said.
To address the uncertainty, KUCCPS has taken legal action, seeking a suspension or stay of execution of the ruling that halted the new funding model. Wahome expressed optimism that the court would provide clarity soon.
Stay of execution
"We have gone to court and filed a request that the court suspends or grants a stay of execution of the judgment given on December 20," she said.
"We are happy it was taken as an urgent matter, and we are awaiting a ruling next week. That will be able to give us a direction even as we open the portal,' Wahome said.
Despite the suspension of the new funding model, Wahome clarified that applications for technical vocational education and training (TVET) and the Kenya Medical Training College (KMTC) slots remain open.
"We have considered students who are not going for university courses, that is why we have the portal open for TVET and KMTC, and it's going on as we wait for the direction for university," Wahome stated.
Justice Mwita ruled that the funding model violated students' legitimate expectations and was implemented without adequate public participation, despite its impact on higher education.
"The government has a constitutional responsibility to fund public universities. Passing this burden onto parents is a violation of the Constitution," Mwita said.
He also stressed that the model should have undergone public consultation to incorporate citizens' views before being implemented.
Legal provisions
"The changes in the funding model did not adhere to the necessary legal provisions in its creation," Mwita noted.
However, the Universities Fund and the Higher Education Loans Board (HELB) have appealed the ruling, warning that it could halt learning in universities due to delays in disbursing funds for students already enrolled.
Universities Fund CEO Geoffrey Monari, in an affidavit, argued that the model had undergone public participation and ensured fairness, unlike the previous system, which prioritised quality over accessibility.
He warned that without the model, the education sector could face a stalemate as funds cannot be disbursed to students.
"The judgment has made it impossible for us to disburse any funds to universities or the students therein, particularly those in the first and second years of study who were the primary beneficiaries of the model," Monari said.
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