Prime

Court blocks foreign curriculum students from State sponsorship

Monday, December 23, 2019 — updated on December 21, 2020 - 3 min read

A past graduation ceremony. FILE PHOTO | NMG

Court Reporter

Nation Media Group

A judge has locked out students enrolled in the international curriculum like the British IGCSE from joining local universities on State sponsorship.

High court judge Thripsisa Cherere ruled that the Kenya Universities and Colleges Central Placement Services (KUCCPS) — the public universities admissions agency—could not be compelled to sponsor students outside the 8-4-4 system to government-backed campuses.

In response, KUCCPS through chief executive John Muraguri maintained that a student that has studied under the government-regulated education system and writes examinations administered by the Kenya National Examinations Council qualifies for State sponsorship. KUCCPS argued that Mr Madavia’s son had the right to education of his choice and was at liberty to apply for admission to any course at the universities and colleges based on the admission requirements. Justice Cherere said the concept of unfair discrimination does not envisage a society that affords each human being equal treatment in all circumstances. “My humble view is that, in the circumstances of this case, the degree of difference in treatment is from what is stated herein above, is justified since it does not have the effect of withholding or limiting the petitioner’s access to education,” the judge said. She said that the right to education is not absolute, but is subject to the rules and regulations governing studies or education in a given institution. She dismissed the case saying the court will not be an advise-giver concerning what ought to have been included or excluded from the placement policy.