The paper gives a brief overview of the hurdle faced by the needy in accessing higher education in Kenya.

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Accessing Higher Education in Kenya: A Cry for Help for the Needy? A Brief Overview
Arnold Ochieng Oginga
Paper Prepared for the Youth Education Trust Organization
28th
July 2016, Nairobi Kenya
Abstract
Whereas the Constitution guarantees every individual the right to education, there is no explicit provision
in regard to the right to Higher Education in Kenya and as such, enrollment to Universities is dependent
on the attainment of the qualification mark which is the average grade of C+. The demand for university
education in Kenya continues to increase and has outpaced supply. It is against this background that this
paper gives a brief overview of the realization of the right to Higher Education in Kenya with special
focus on the question of raising tuition fees.
Higher Education at the beginning of the 21st
century has never been in greater demand,
both from individual students and their families, for the occupational and social status and
greater earnings it is presumed to convey, as well as from Governments for the public benefits it
is presumed to bring to the social, cultural, political and economies well-being of countries.
Nowhere is this demand more compelling, but with indicators of success more elusive, than in
the countries of Sub-Saharan Africa, beset with fragile economies and democracies and
struggling to maintain higher educational quality and conditions of financial austerity and a

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relentlessly increasing tide of student demand.1
Higher Education in Kenya remains an elusive
dream for the poor while it is a luxury for the rich. The Supreme Court of India in the case of Dr.
Pradeep Jain and Others vs Union of India and Others2
, partly observed that:
“If equality of opportunity for every person in the country is the constitutional guarantee,
a candidate who gets more marks than another is entitled to preference for admission.
Merit must be the test when choosing the best, according to this rule of equal chance for
equal marks. This proposition has greater importance when we reach the higher levels of
education like post-graduate courses…”
The foregoing dictum by the Court applies with equal force in regard to University education at
the undergraduate level. Despite the fact that at the attainment of independence, Kenya did not
have a university of her own, over the years, there has been a tremendous growth of these
institutions. The State as well as the private sector has increasingly expanded higher education
not necessarily to completely match a growing demand but to provide an arena where those
financially able and those who qualify can access it. Since the late 1980s, the provision of higher
education has become increasingly diversified in two forms, first, the establishment and growing
prominence of private universities and second, the privatization within the State universities
through the introduction of „parallel‟ programs. The number of students in private universities is
minimal and the fee is higher compared to that of public universities. Consequently, for the self-
sponsored students in the public universities and those in private universities, higher education
remains a „commodity‟ for the privileged.3
In 2003, the Kenyan Government instituted a free
primary education for all program, and then did the same for secondary education in 2008. As a
1
Bruce Johnstone, „Higher Education Finance and Accountability: Tuition Fees and Student Loans in Sub-Saharan
Africa‟ A Case Study Prepared for a Regional Training Conference on Improving Tertiary Education in Sub-
Saharan Africa: Things that Work‟ Accra, September 23-25, 2003
2
(1984) 3 SCC 654
3
Susan Mbula Kilonzo, „Challenges of Autonomy in Higher Institutions of Learning in Kenya: Diluted Education?‟
Available at <http://www.isa-sociology.org/publ/E-symposium-vol-1-1-2011/EBul-Mar2011-Kilonzo.pdf>
(assessed 27 July 2016)

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result, nearly three million more students were enrolled in primary school in 2012. Between 2003
and 2012, the secondary school gross enrolment ratio increased from 43% to 67%. More
recently, the impact of the 2003 education for all program has been seen at the university level,
where enrolment numbers have skyrocketed, more than doubling between 2012 and 2014 as the
initial cohort of free primary school children have begun enrolling in university studies. At the
university level, student numbers grew by a massive 28% between 2013 and 2014 and similar
growth is expected this and coming years. Entry to public universities is coordinated by the
Kenya Universities and Colleges Placement Service, established in 2014. University entry is
based on the KCSE with a minimum average grade of C+ (the average of Eight subjects
including the compulsory English, Kiswahili and Mathematics) traditionally set as the minimum
threshold.4
Whereas the Constitution guarantees every individual the right to education5
, there is no explicit
provision in regard to the right to Higher Education in Kenya and as such, enrollment to
Universities is dependent on the attainment of the qualification mark which is the average grade
of C+. The demand for university education in Kenya continues to increase and has outpaced
supply. This is mainly due to the expanding number of KCSE candidates that obtain the required
grade (C+) for admission.6
Enrolment to State universities rose by 41% from 195,428 in 2012 to
276,349 by the end of 2013. In contrast, admissions to private universities increased by just 71%
from 45, 023 in 2012 to 48,211 in 2013. Since private players continued to invest in
infrastructure, which surpasses that of public universities, their expensive facilities remain under
used. Despite the surge in student numbers, higher education faces numerous challenges,
4
Nick Clark, „Education in Kenya‟ 2016, World Education News and Review, Available at
<http://www.wenr.wes.org/2015/06/education-kenya/> (assessed 27 July 2016)
5
Article 43 (f) of the Constitution states that: „Every person has the right education.
6
Caleb et al. (infra note 14)

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frustrating its ability to produce more graduates. These include inadequate capacity, a mismatch
between skills acquired and the demands of industry, gender imbalances, rigid admissions
criteria and limited opportunities for credit transfer.7
The key challenge however remains the funding of Higher Education especially for individuals
who qualify but cannot afford the tuition fees. The situation is further worsened by the fact that
private universities are extremely expensive compared to the public universities. It has been
reported that the large number of qualified students missing opportunities to pursue university
education is largely due to the inability of the Government to pay direct and indirect costs of
Higher Education (tuition fees, books, and living expenses).8
Demand for Higher Education in
Kenya has increased tremendously over the last two decades driven by inadequate funding for
public universities to absorb most qualified candidates. The targeted education bursaries are not
automatic. The student must apply with proved evidence. The existing types of bursaries are
HELB, Constituency Development Fund and local authority transfer fund. In all these cases
competition is very high and sometimes politics takes centre stage as the Member of Parliament
is the patron of the identification and distribution committee. Students are never awarded more
than the cost of financing and in most cases there is always a minimum amount to be awarded.
Distribution is done across the board leaving deserving cases getting less than they would require
as a safety for access and participation.9
While the idea behind HELB remains noble, the surge in admissions is putting pressure on the
State‟s financier for Higher Education loans, HELB, prompting it to restructure and diversify in
7
Gilbert Nganga, „Student Numbers Soar by 35%, University Funding Lags‟ 2014, Issue No. 319, UWN, Available
at <http://www.universityworldnews.com/article.php?Story=201405080750866> (assessed 27 July 2016)
8
Calleb Gudo, „Financing Higher Education in Kenya: Public-Private Partnership Approach‟ Vol 1, (1) pp. 001-005,
2014, International Journal of Educational Policy Research
9
Loise Gichuhi, „Alternative Methods of Financing Higher Education in Kenya‟ Vol 2, No. 5, 2015, International
Journal of Scientific Research and Innovative Technology

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order to enhance the availability of funding to underprivileged Kenyans seeking access to Higher
Education. To increase its funding, HELB is reaching out to the private sector, having recently
signed a deal with a US-based firm Latimer Education Inc., as well as high-net individuals, and
encouraging beneficiaries who overpaid their loans to donate the surplus. It is also working to
achieve efficiencies in loan recovery from the approximately 70,000 former beneficiaries who
have failed to repay their outstanding loans.10
Such actions evidence the desperation at hand and
the cry for destitution for access to Higher Education.
In conclusion, Kenya‟s public universities continue to make a prominent contribution to
national development through the training and preparation of human resources in various
professions for the private and public sectors. Growing student enrolments without a
commensurate rise in the level of Government funding has however been a challenge. Since the
launching of self-sponsored degree programs in public universities, thousands of Kenyans who
would have had to go abroad for study now enrolled locally. The self-sponsored degree
programmes also offer those already in employment an opportunity to further their education.11
Additionally, the diversity of programs in public universities and the integration of private
students with those on public subsidy provides a stronger foundation for addressing aspects of
equity in Higher Education.12
But what about those who cannot raise the tuition fees for
accessing Higher Education? This question shall remain unanswered and the overall effect means
that access to Higher Education by the needy shall forever remain a cry for help.
10
ICEF Monitor, „Converging Factors Fuel Growth in Kenya‟s Higher Education System‟ 2013, Available at
<http://www.monitor.icef.com/2013/12/converging-factors-fuel-growth-in-kenyas-higher-education-system/>
(assessed 28 July 2016)
11
Kilemi Mwiria, Njuguna Ng‟ethe, Charles Ngomo, Douglas Ouma Odero, Violet Wawire and Daniel Wesonga,
Public and Private Universities in Kenya: New Challenges, Issues and Archievements (East African Educational
Publishers, 2007, Nairobi)
12
Ibrahim Ogachi Oanda, Fatuma Chege and Daniel M. Wesonga, Privatization and Private Higher Education in
Kenya: Implications for Access, Equity and Knowledge Production (Council for the Development of Social Science
Research in Africa, 2008, Senegal)

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There is need to introduce mechanisms through which additional funding and support may be
accorded for those who qualify but cannot afford to raise and cater for their study expenses
pertaining to Higher Education. Studies show that there is a „storm‟ blowing over entire
education systems in the world today and that over the past few years, education costs have been
rising at a rate that outpaces consumer price indices.13
In that regard, the Government together
with other stakeholders should share the burden of promoting access to Higher Education. The
universities have been unable to admit all those who qualify for direct admission from school.
Public private partnership should include Government incentives to private universities to admit
more students through a recognized centralized student admission and financing for students
admitted to public and private universities. This requires rethinking the management of
university students‟ loan scheme to meet tuition fees of students attending both public and
private universities without any discrimination except for the amounts of loan available for the
various courses of study.14
The importance of Higher Education cannot be gainsaid especially in
this era and it is therefore of fundamental importance that private players should play a part in
empowering the youth with education.
13
Samuel Wamalwa Mwenda and Stephen Odebero, „The Influence of Education Costs on Students‟ Academic
Performance in Kenya: An Empirical Study of Bungoma County Secondary Schools‟ Vol 2, No. 1, 2014, Asian
Journal of Educational Research
14
Calleb O. Gudo, Maureen A. Olel and Ibrahim O. Oanda, „University Expansion in Kenya and Issues of Quality
Education: Challenges and Opportunities‟ Vol 2, No. 20, 2011, International Journal of Business and Social Science

7. Page | 7
References
1. Bruce Johnstone, „Higher Education Finance and Accountability: Tuition Fees and
Student Loans in Sub-Saharan Africa‟ A Case Study Prepared for a Regional Training
Conference on Improving Tertiary Education in Sub-Saharan Africa: Things that Work‟
Accra, September 23-25, 2003
2. Calleb Gudo, „Financing Higher Education in Kenya: Public-Private Partnership
Approach‟ Vol 1, (1) pp. 001-005, 2014, International Journal of Educational Policy
Research
3. Calleb O. Gudo, Maureen A. Olel and Ibrahim O. Oanda, „University Expansion in
Kenya and Issues of Quality Education: Challenges and Opportunities‟ Vol 2, No. 20,
2011, International Journal of Business and Social Science
4. Gilbert Nganga, „Student Numbers Soar by 35%, University Funding Lags‟ 2014, Issue
No. 319, UWN, Available at
<http://www.universityworldnews.com/article.php?Story=201405080750866>
5. Ibrahim Ogachi Oanda, Fatuma Chege and Daniel M. Wesonga, Privatization and
Private Higher Education in Kenya: Implications for Access, Equity and Knowledge
Production (Council for the Development of Social Science Research in Africa, 2008,
Senegal)
6. ICEF Monitor, „Converging Factors Fuel Growth in Kenya‟s Higher Education System‟
2013, Available at <http://www.monitor.icef.com/2013/12/converging-factors-fuel-
growth-in-kenyas-higher-education-system/>

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7. Kilemi Mwiria, Njuguna Ng‟ethe, Charles Ngomo, Douglas Ouma Odero, Violet Wawire
and Daniel Wesonga, Public and Private Universities in Kenya: New Challenges, Issues
and Archievements (East African Educational Publishers, 2007, Nairobi)
8. Loise Gichuhi, „Alternative Methods of Financing Higher Education in Kenya‟ Vol 2,
No. 5, 2015, International Journal of Scientific Research and Innovative Technology
9. Nick Clark, „Education in Kenya‟ 2016, World Education News and Review, Available
at <http://www.wenr.wes.org/2015/06/education-kenya/>
10. Samuel Wamalwa Mwenda and Stephen Odebero, „The Influence of Education Costs on
Students‟ Academic Performance in Kenya: An Empirical Study of Bungoma County
Secondary Schools‟ Vol 2, No. 1, 2014, Asian Journal of Educational Research
11. Susan Mbula Kilonzo, „Challenges of Autonomy in Higher Institutions of Learning in
Kenya: Diluted Education?‟ Available at <http://www.isa-sociology.org/publ/E-
symposium-vol-1-1-2011/EBul-Mar2011-Kilonzo.pdf>