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The High Court has declared the new university funding model as illegal and unconstitutional. 

Justice Chacha Mwita on Friday, December 20, ruled that the fund introduced in May last year is unlawful due to its lack of legal foundation, discriminatory nature, and failure to involve public participation.

"It should have been subjected to the public so that the public comments before it's implementation," justice Mwita noted.

According to the judge, the changes that are the flagship of President William Ruto did not adhere to the necessary legal provisions when creating the model.

President William Ruto responded to questions from students at a town hall meeting held at KICC on Sunday, August 26.

Joel Mulwa

As a result, Mwita directed the Education Cabinet Secretary Julius Migos, the Attorney General, the Higher Education Loans Board (HELB), the Trustees of the Universities Fund Kenya, and the Kenya Universities and Colleges Central Placement Service (KUCPS) not to implement the model.

Mwita made the directions in the case filed by the Kenya Human Rights Commission (KHRC) last year.

The Higher Education Funding Model according to the government was intended at addressing financial challenges in public universities and Technical and Vocational Education and Training (TVET) institutions.

The model shifts from the previous Differentiated Unit Cost (DUC) system, which provided block funding to institutions, to a student-centered approach that allocates financial support based on individual student needs.

In its court filing, KHRC asserted that the model was unconstitutional since it failed to cater to needy students.

The petitioners mentioned that the new model created confusion in selecting TVET courses as students face delays due to a lack of clear instructions from KUCCPS. 

"The variable scholarship and loan funding model is arbitrary, obscure, expensive, undefined, and illegal; an affront to the right to education as part of economic social rights," part of the petition by the KHRC read.

Judge Mwita condemned the government's move to shift the responsibility to parents, saying that it's the government's responsibility to fund public universities. The judge added that passing the responsibility to parents was a violation of the Constitution, adding the legitimate anticipation was infringed.

The implementation of the funding model caused university students to protest, with most of them rejecting it. The model had led to some students missing spots in university over lack of funding.

People waiting to be served at the HELB offices in Nairobi.

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BD

President William Ruto on Thursday nominated Sports CS Kipchumba Murkomen as Interior CS while carrying out a major reshuffle in the senior ranks of the Executive.

In the announcement made public by State House Spokesperson Hussein Mohammed on Thursday, Ruto nominated the current Sports CS to replace former CS of Interior Kithure Kindiki who ascended to serve as the country's deputy president.

"His Excellency the President has today made nominations, re-assignments and appointments to the senior ranks of the Executive. The nominations effected are in regard to individuals to serve the Nation in its foremost policy organ - Cabinet - as well as in the Foreign Service," read the notice in part.

Murkomen will take over the Ministry of Interior from the Prime Cabinet Secretary Musalia Mudavadi who has been holding the office in acting capacity since Kindiki vacated.

Kipchumba Murkomen during a meeting on Thursday, September 3, 2024. PHOTO/Kipchumba Murkomen

The Star

Similarly, former Health Cabinet Secretary Mutahi Kagwe is expected to make a comeback he was nominated to fill the position of the CS for the Ministry for Agriculture and Livestock Development. If approved, Kagwe will be taking over from Dr Andrew Karanja who is the current Agriculture and Livestock Development Cabinet Secretary.

Former Kiambu Governor William Kabogo was also nominated to the position of CS to the Ministry of Information, Communication and the Digital Economy and is set to replace Margaret Nyambura Ndung'u, who is the current Ministry of Information, Communications and the Digital Economy.

Another winner in Ruto's Cabinet shake-up was former Nakuru Governor Lee Kinyanjui who was nominated to fill the position of Cabinet Secretary in the Ministry of Investment, Trade and Industry. He is poised to take over from Salim Mvurya whom the President has reassigned to the Ministry of Youth Affairs, Creative Economy and Sports. 

The Ministry of Interior is a powerful docket that is often allocated to close allies of the sitting president because it is tasked with maintaining internal security and overseeing national registration services among other key responsibilities.

In Kenya, the Ministry has a significant history that reflects the country’s political evolution and administrative needs since its establishment. Appointments to the office are taken seriously as it points to the political tone of the country.

Murkomen's former docket of Sports is set to be taken over by Salim Mvurya who is the current CS of the Ministry of Investment, Trade and Industry.

The process of appointing a new cabinet secretary involves several steps including the nomination of names by the president, who in turn will forward the names for vetting by the National Assembly’s Committee on Appointments.

This committee assesses the suitability of nominees based on their qualifications and knowledge relevant to the portfolio they are nominated for. 

"His Excellency the President has transmitted the nominations of Cabinet Secretaries, High Commissioners, Ambassadors, and Permanent Representatives to the National Assembly for consideration and approval by Parliament in fulfilment of the legal requirements set out under our nation's supreme law," added the statement.

The shake-up is seen as a way for Ruto to appease his political allies and cement loyalty to his administration. In the recent past, the President has advocated for forming a broad-based government that includes people from all the regions of the country. 

President William Ruto delivers an address during the 11th National and County Governments Coordinating Summit at State House Nairobi, on Monday, December 16, 2024.

PCS

The High Court has extended orders staying the impeachment of Meru Governor Kawira Mwangaza. 

The ruling issued on Wednesday, December 18, extends the conservatory orders barring her removal from office for another 120 days. This is to allow the court to hear and determine her objections to the impeachment.

In the ruling delivered by Justice Bahati Mwamuye, the embattled governor is set to continue serving in her capacity after the judge determined that a leadership vacuum in the county would lead to a crippling of operations at the county.

The judge stated that the decision to uphold the orders issued by the High Court in Meru allowed Mwangaza to continue discharging her gubernatorial duties before the full and final hearing set for a later date. 

A photo collage of Meru Governor Kawira Mwangaza and the Senate building in Nairobi.

Kawira Mwangaza, Senate

"I shall in this ruling confirm and extend the interim (conservatory) orders for a period of 120 days from the date hereof, in that time, the petitioner shall continue to serve as the governor of Meru County with a provision that a judgment in this matter may be rendered before the lapse of those 120 days on the date hereof," the judge ruled.

By upholding the conservatory orders, Justice Mwamuye rejected an application by the Senate to lift the orders that would effectively rubberstamp her dismissal from office.

The judge stressed that the aspect of public interest was a significant factor in the delivery of his ruling, stating that the people of Meru needed to have a leader in the office of the governor

"To my mind, the public interest as it applied to the people of Meru County, the wider people of Kenya, would be best served by the confirmation and extension of the interim conservatory orders in place pending the expedited hearing and determination of the petition," Mwamuye averred.

"The refusal to confirm and extend those orders would result in a gubernatorial succession in Meru County, which, in the event that the petition was to succeed in a few months, would have to be undone by this court and/or other courts at great public cost," he added.

Mwangaza was impeached on August 21, after the Senate upheld her impeachment for gross misconduct, abuse of office and gross violation of the Constitution.

The decision was reached following a vote in the Senate, with Speaker Amason Kingi announcing the outcome.

"Pursuant to Article 181 of the Constitution, Section 33 of the County Government Act, and Standing Order 86 of the Senate Standing Orders, the Senate has resolved to remove from office by impeachment Hon. Kawira Mwangaza, the Governor of Meru County, and the governor accordingly ceases to hold office," Speaker Kingi declared after the voting. 

After the delivery of the ruling, Mwangaza was seen shedding a tear as the High Court seemingly handed her a reprieve in her long-standing battle against her ouster that has led to a disruption of operations at the county government.

While speaking to the media after the court proceedings, Mwangaza expressed her gratitude to God and the courts pledging her cooperation with the courts going forward.

"I am so happy today. I want to thank our courts and our people for the support and that for the days we have been given, we will comply with the courts. I believe that whatever God has given to a person, no one can take it from that person," she stated. 

Meru governor Kawira Mwangaza.

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KNA

The government has approved the extension of the government-to-government petroleum sourcing arrangement with Saudi Arabia.

The decision came following a Cabinet resolution following a meeting held on Tuesday, December 17, at State House Nairobi chaired by President William Ruto.

''The Cabinet has approved the extension of the Government-to-Government (G-to-G) arrangement for the import of refined petroleum products,'' the Cabinet dispatch read in part.

According to the Cabinet, extending the deal was necessary because it has helped ease the pressure on the Kenyan Shilling.

President William Ruto engages with Cabinet Secretaries at State House Nairobi on Tuesday, December 17, 2024.

PCS

Additionally, the Cabinet revealed that the government-to-government deal has helped stabilise fuel prices in Kenya.

''This arrangement has eased the monthly demand for US dollars for petroleum imports, stabilising the shilling-dollar exchange rate at Ksh129 from a high of Ksh166 and reducing pump prices from Ksh217 per litre of petrol to Ksh177,'' it added.

The extension of the arrangement means that Kenya will continue to access the supply of refined petroleum by allowing payments in Kenya Shillings, previously estimated at $500 million (Ksh65 billion) a month.

However, the Cabinet did not give a clear timeline for when the deal extension will expire.

The decision to extend the deal means that Saudi Aramco, Abu Dhabi National Oil Corporation (ADNOC), and Emirates National Oil Company (ENOC) will continue importing petroleum products into the country on behalf of the government.

However, the decision is likely to spark fiscal wars between the government and the International Monetary Fund (IMF). This is because Kenya informed the international lender on November 6, this year that it intended to exit the deal.

According to documents from the engagement with the IMF, the government of Kenya took the position due to the distortions in the foreign exchange market.

The government also informed the international lender that the accompanying increase in rollover risk of the private sector financing facilities supporting the government-to-government importation deal.

Meanwhile, the Cabinet also approved the procurement of Liquefied Petroleum Gas (LPG), Heavy Fuel Oil, and bitumen through a centrally coordinated bulk procurement system. This follows Ruto's announcement on Monday, December 16, directing that LPG procurement be subjected to the Open Tender System(OTS).

A man fueling a car at a petrol station

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New Vision

The Energy and Petroleum Regulatory Authority (EPRA) on Saturday, December 14, reduced the prices of Super Petrol, Kerosene, and Diesel in its latest fuel review.

In its announcement, the regulator announced that the maximum allowed petroleum pump prices for Super Petrol, Diesel, and Kerosene decreased by Ksh4.37 per litre, Ksh3 per litre, and Ksh3 per litre respectively. Our analysis shows this is the lowest pump price in nearly two years.

Following the communiqué, the prices of Super Petrol, Diesel, and Kerosene have been set at Ksh176.29, Diesel at Ksh165.06, and Kerosene at Ksh148.39 respectively.

EPRA noted that the calculated maximum retail prices for petroleum products would be in force for the next 30 days from Sunday, December 15 to January 14, 2025.

EPRA DG Daniel Kiptoo speaking during a stakeholders forum on February 5, 2024.

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EPRA

According to the energy regulator, the prices are inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act 2023, the Tax Laws (Amendment) Act 2020, and the revised rates for excise duty.

Further, EPRA announced that the average landed cost of imported Super Petrol decreased by 4.46 per cent from Ksh82,721 per cubic metre in October to Ksh79,029 per cubic metre in November. 

Additionally, the average landed cost of imported diesel increased by 5.76 per cent from Ksh78,524 per cubic metre to Ksh83,050 per cubic metre while kerosene increased by 1.87 per cent from Ksh83,625 per cubic metre to Ksh85,193 per cubic metre over the same period.

EPRA explained that the purpose of the petroleum pricing regulations was to cap the retail prices of petroleum products that are already in the country so that importation and other incurred costs are recovered while ensuring reasonable prices to consumers.

"Currently, Kenya imports all its petroleum product requirements in refined form, and the products are traded in international markets based on a pricing benchmark," EPRA announced.

"Further, the trade of petroleum products in the international markets is denominated in United States dollars, and an exchange rate is applied to convert the dollars to shillings during the computation of local pump prices."

The announcement comes as a relief for many Kenyans who expected a surge in petroleum prices following the increase in global oil prices due to the geopolitical tensions in the Middle East and the Russia-Ukraine war.

The Central Bank of Kenya (CBK), in its weekly bulletin published on Friday, December 13, stated that international oil prices increased during the week ending December 11. According to CBK, the price of Murban oil increased to $73.30 on December 11, 2024, from $71.86 on December 5.

A person fueling a vehicle.

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Kenyan wallstreet

Chaos ensued at a burial ceremony attended by former Deputy President Rigathi Gachagua in Ngarariga, Limuru, Kiambu County on Thursday, November 28.

The incident took place after goons reportedly began shaking a tent where the former DP was seated alongside his close political allies including Kiambu Senator Karungo Wa Thang'wa.

In the videos obtained by Kenyans.co.ke, Gachagua and other politicians were captured seated at one of the tents that had been designated for senior congregants.

However, just before the former DP could be invited to address the crowd, a group of unarmed locals began shaking the tent, prompting those inside the tent to rush out in fear.

The congregants have recorded scampering for safety as the rivalling factions engaged in heated wrangles that led to the destruction of unknown value of property.

During the incident, Gachagua's car was destroyed with footage of the scene showing the former DP's black Toyota Land Cruiser destroyed on the rear window.

According to reports, several people also sustained critical injuries with the photos of the event further showing plastic chairs scattered on the ground. However, the cause of the drama is yet to be established.

The scrimmage comes amidst Gachagua's acrimonious fallout with his former boss, President William Ruto, in a recent speech, the second deputy president took a swipe at Ruto over his style of leadership.

Speaking during a church service at the AIPCA, Gachagua hit out at the Head of State for failing to heed his advice on the Adani Group deals. According to the former DP, despite warning Ruto over the deal, the president failed to listen to his advice.

While reiterating the level of impunity in the country, Gachagua said he was viewed as the enemy of the people whenever he tried to convince the president over some of the government dealings.

"I told the president this Adani deal was plagued with flaws and the people did not want it, and he despised me for it. And it was put out to look like I was opposing government projects," Gachagua said.

He added, "Whenever Cabinet Secretaries were in disagreement, they used to ask me to tell the President. Nobody can tell the president this is not right.

Former Deputy President Rigathi Gachagua addressing congregants during a church service at AIPCA Kangari, Kigumo in Murang'a County on Sunday, November 24, 2024.

Rigathi Gachagua

An agitated President William Ruto on Thursday, November 28, put on notice directors of key agencies within his government who he claims have been undermining government efforts in the digitisation of government services. 

The Head of State accused the officials of being involved in the likely provision of public funds, arguing there is no transparency in their dealings. Some of the companies named by the President include the Energy and Petroleum Regulatory Authority (EPRA), the Kenya Ports Authority (KPA) and the country's electricity distributor, Kenya Power Company (KPLC).

Speaking during the First Anniversary of the eCitizen Directorate, at the Kenyatta International Convention Centre (KICC) in Nairobi, the President revealed that the 34 agencies were yet to comply with his Presidential directive on onboarding key services they offer on the eCitizen digital platform.

''These entities are yet to comply with my directive of onboarding government services in their departments on the platform,’’ Ruto stated.

President William Ruto addressing the media when he attended the High-Level Consultative Forum on the Review of Kenya’s Foreign Policy at Kenyatta International Conference Centre in Nairobi on November 20, 2024.

PCS

Ruto consequently gave the agencies one week to comply with the directive or face the axe. ''They have one week to comply, otherwise, they can make use of the door,'' Ruto warned.

The visibly agitated President listed all the 34 state agencies that were yet to comply with the directives, maintaining that they were promoting revenue loopholes.

''These entities are yet to comply with my directive, that their services, payments and revenues must be on the eCtitizen platform so that Treasury can follow on the revenues that are being collected by the government,'' Ruto stated.

He also pointed out a scheme by some state agencies that had onboarded the eCitizen platform but still deployed mischievous ways by retreating to old payment models, to escape being noticed by the Treasury.

''We still have government agencies that have come to the eCitizen platform, but retreat once in a while to go and use alternative means of payment including games with some banks,'' he noted.

The President ordered the directors of the notorious companies to comply within a time frame of three days and submit to his office a report on the same.

''I want a record of the last three months of government agencies that are already on the eCitizen platform but have decided to use alternative means with grey spaces so that we can take action against the people who are undermining transparency,'' Ruto added.

Further, Ruto warned the state agencies against flouting his directive insisting that ignorance of the same opened loopholes for pilferage of public money.

List of Companies: 

1. The National Cancer Institute of Kenya 

2. Kenya Hospital Authority Trust Fund

3. Kenya Nutritionist and Dieticians Institute

4. Health Records and Information Managers Board

5. National Syndemic Disease Control Council

6. Occupational Therapy Council of Kenya

7. Digital Health Authority

8. Kenya Biovax Institute Limited

9. Kenya National Public Health Institute

10. Kenya Health Human Resource Authority

11. Kenya Water Institute

12. Tana-Athi Water Works Development Agency

13. Water Sector Trust Fund

14. Kenya Engineering Technology Registration Board

15. Kenya Ports Authority(KPA)

16. The Independent Policing Oversight Authority(IPOA)

17. Private Security Regulatory Authority

18. Nairobi International Finance Centre

19. Kenya Reinsurance Corporation

20. Financial Reporting Centre 

21. Kenya Institute of Supplies Management 

22. Consolidated Bank of Kenya

23. Development Bank of Kenya

24. Kenya Accountants and Secretaries National Examinations Board(KASNEB)

25. Institute of Certified Public Accountants of Kenya(ICPAK)

26. Institute of Certified Secretaries

27. Energy Petroleum and Regulatory Authority(EPRA)

28. Kenya Power Company Limited(KPLC)

29. Rural Electrification and Renewable Energy(REREC)

30. Geothermal Development Company(GDC)

31. Kenya Petroleum Refineries Limited

32. National Defence University(NDU)

33. The Kenya Space Agency

34. The Shipyard Limited 

President William Ruto delivers an address at State House, Nairobi, on November 19, during the signing of ministerial performance contracts.

PCS

The Universities Academic Staff Union (UASU) on Saturday, November 23, called off the lecturer's strike, which has disrupted university operations across the country since September. 

The decision to call off the strike followed the government's commitment to fulfil the 2021-2025 Collective Bargain Agreement (CBA), initially valued at Ksh9.76 billion.

In the agreement, the National Treasury committed to allocating the full amount to cater for implementation of the 2021-20 CBA in the 2024/2025 financial year under Supplementary Estimates II. 

In the deal, the parties involved agreed on the withdrawal of all the legal petitions filed to stop the lecturer's strike. The representative of the lecturers committed to recovering the lost time.

Maseno University lecturers protest at the institution on Monday, August 23, 2021.

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Maseno group

The latest move to end the lecturers' strike comes days after the National Assembly Committee on Education held a meeting with UASU representatives, the Inter-Public Universities Council Consultative Forum (IPUCCF), and the Inter-Ministerial Committee.

The lecturers' union had refused to return to work until the government made clear its plan to pay the lecturers the remaining Ksh5.46 billion after the government agreed to release Ksh4.3 billion.

 

Nyamira MP Jerusha Momanyi while commenting on the matter, urged the government to give a formal commitment to clear the balance, urging the Treasury and relevant ministries to guarantee future payments.

 

"This is the fourth meeting on this matter. We need to come up with some level of compromise. Now that we have Kshs 4.3 billion on the table the Ministry of Education and Labour should commit on how to clear the balance," she noted.

 

On September 18, lecturers downed their tools following botched talks between the government and their representatives. Most institutions were forced to release students as the strike intensified.

University students during a lecture from the Kenya Defence Forces

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KDF

President William Ruto has directed Transport Cabinet Secretary Davis Chirchir and his Energy counterpart Opiyo Wandayi to end the ongoing public-private partnership discussion with Adani Group Holdings.

Speaking on Thursday, November 21, during his State of the Nation address in Parliament, the Head of State revealed that his directive was influenced by the provision of undisputed evidence or credible information on corruption.

"I have stated in the past, and I reiterate today, that in the face of undisputed evidence or credible information on corruption, I will not hesitate to take decisive action," stated the Head of State.

According to Ruto, the decision to stop the government's contractual engagements with the Adani Group stemmed from key transparency considerations that the deal had violated. 

A photo of the National Assembly during the joint sitting address by President William Ruto on Thursday, November 21, 2024, in Nairobi.

PCS

''Accordingly, I now direct - in furtherance of the principles enshrined in Article 10 of the Constitution on transparency and accountability, and based on new information provided by our investigative agencies and partner nations - that the procuring agencies within the Ministry of Transport and the Ministry of Energy and Petroleum immediately cancel the ongoing procurement process for the JKIA Expansion Public Private Partnership transaction, as well as the recently concluded KETRACO transmission line Public Private Partnership contract, and immediately commence the process of onboarding alternative partners,” he announced.

President Ruto's announcement on the Kenya-Adani deal came less than a day after the company's directors were indictment in an ongoing case at the United States of America's federal court over a Ksh32 billion corruption allegation.

Gautam Adani, the group CEO, along with seven other executives in the multibillion-dollar company, were indicted by the Department of Justice (DOJ) in New York for bribing Indian government officials.

According to the indictment, the Adani Group has for years bribed officials to lie to US investors and acquire green energy supply contracts for the group’s Adani Green subsidiary.

According to a report by CNN, Deputy Assistant Attorney General Lisa Miller stated that the bribes were to facilitate the officials lying to investors and banks to raise billions of dollars and to obstruct justice.

''This indictment alleges schemes to pay over $250 (approximately Ksh32 billion) million in bribes to Indian government officials. These offences were allegedly committed by senior executives and directors to obtain and finance massive state energy supply contracts through corruption and fraud at the expense of US investors,” she stated.

Ruto's directive comes as a spat on the Energy CS Opiyo Wandayi who earlier, while appearing before the Senate Committee on Finance on Thursday, November 21, defended the government on the Adani engagement amid court battles.

Wandayi while indicating that the government would have proceeded with the deal, insisted that due diligence had been done on the Adani Group.

''On the matter of Adani's indictment, under section 41 of the Private Public Partnership(PPP) Act, we have an elaborate mechanism for undertaking due diligence. The PPP Directorate domiciled under the Treasury in coordination with KETRACO conducted a due diligence exercise on Adani Energy Solution in two phases,’’ Wandayi stated.

A collage of Adani Group CEO, Gautam Adani, President William Ruto, and Energy CS Opiyo Wandayi, Thursday, November 21.

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Kenyans.co.ke

The Energy and Petroleum Regulatory Authority (EPRA) on Thursday announced the prices of Super Petrol, Diesel and Kerosene remain unchanged in the November fuel review.

In the latest fuel review, EPRA noted that Super Petrol will continue to retail at Ksh180.66 and diesel retail at Ksh168.06. Meanwhile, Kerosene was also retained at Ksh 151.39.

EPRA further noted that the calculated maximum retail prices of petroleum products would be in force from November 15 to December 14 this year.

According to the regulator, the prices were inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act 2023 and the Tax Laws (Amendment) Act 2020.

EPRA Director General Daniel Kiptoo speaking in February 2024

EPRA

EPRA further announced that the average landed cost of imported Super Petrol had increased by 0.54 per cent from Ksh82,422 (US$637.70) per cubic metre in September 2024 to Ksh82,867 (US$641.14) per cubic metre in October 2024.

Similarly, the landing cost of diesel decreased by 4.34 per cent from 82,231 (US$636.22) per cubic metre to 78,662 (US$608.61) per cubic metre while Kerosene increased by 3.97 per cent from Ksh80,573 (US$623.390 per cubic metre to Ksh83,773 (US$648.15) per cubic metre over the same period.

"Currently, Kenya imports all its petroleum product requirements in refined form and the products are traded in international markets based on a pricing benchmark," EPRA noted.

"The trade of petroleum products in the international markets is denominated in United States Dollars, and an exchange rate is applied to convert the US Dollars to Kenyan shillings during the computation of local pump prices."

The announcement comes as a reprieve for most Kenyans who anticipated a hike in fuel prices following an increase in the international oil prices amidst a weakening shilling. 

The Central Bank of Kenya in its weekly bulletin published on November 8, revealed that International oil prices had increased during the week following the conclusion of the US Elections.

CBK also attributed the hike in global oil prices to the draw-down of oil inventories amid easing geopolitical risks in the Middle East and Europe. "The price of Murban oil increased to USD 74.83 on November 7, 2024, from USD 72.42 on October 31, 2024," CBK announced.

EPRA's November fuel review comes hardly a month after it announced a significant drop in the prices of petroleum products. In its October review, the regulator attributed the reduction in fuel prices to the improvement in the local currency and the drop in global oil prices.

A person refuels his car at a petrol station.

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Trading Room