Lobby group, Elimu Bora Working Group (EBWG) has condemned remarks made by President William Ruto on Tuesday, stating that the court of appeal had given a greenlight to the new university funding model.

The group claims that the president misrepresented the court’s ruling, misleading the public into believing that the model had been fully upheld as constitutional.

In a press statement issued on Tuesday, the education rights group accused the government of attempting to enforce the funding system despite an ongoing legal challenge.

They say that the Court of Appeal had not overturned an earlier High Court ruling by Justice Chacha Mwita, which had declared the model unconstitutional in December 2024.

“The President’s statements at Sagana Lodge suggesting that the funding model had been validated are not only false but also an attack on judicial independence,” a statement by the lobby reads.

The statement says that the appellate court’s decision allowed the government to implement the model on a conditional basis while appeals are pending. According to the court’s March 26, 2025, interim orders, the Ministry of Education was directed to establish and publicize an appeals mechanism for aggrieved students within 14 days.

So too, the Higher Education Loans Board (HELB) and the Universities Fund were directed to provide full transparency on the contingent nature of current funding, warning that it could change depending on the final judgment.

“The Court of Appeal’s ruling is a temporary measure, not an endorsement of this flawed model, it is imperative that Kenyans understand that the final legal determination is still pending.” The statement reads.