Private universities will continue to receive state funding after MPs proposed further changes to two Bills that seek to deny the entities taxpayers funding.
The National Assembly’s Committee on Education has amended two privately sponsored Bills that seek to amend the Universities Act, Cap 210.
The committee chaired by Tinderet MP Julius Melly has recommended that the House approve the Bills separately sponsored by MPs Wanami Wamboka (Bumula) and Christopher Aseka (Khwisero) with amendments.
Mr Wamboka has sponsored the Universities (Amendment) Bill, 2023 to provide a framework for the exclusive placement of government-sponsored students in public universities.
The Bill seeks to remove private universities' board representation in the board of management of the Kenya Universities and Colleges Central Placement Service (KUCCPS) to safeguard the Universities Fund in line with the constitutional principles of public finance.
“The implication is to remove the two vice-chancellors representing private membership in the board of KUCCPS,” Mr Melly said in the report on the Bill.
“The committee, having considered the Universities (Amendment) Bill, 2023 and the submissions from stakeholders and the sponsor of the Bill, recommends that the House approves the Bill with amendments contained in the Schedule of Amendments forming part six.”
The committee noted that the mandate of KUCCPS is not limited to placement of students in Universities.
The MPs said the service also acts as a database related to universities and college placement, disseminates information on available programmes in universities, and advises the government on student placement.
“The removal of the two board members representing private universities would disadvantage private universities since KUCCPS also acts as a database related to university and college placement, and disseminates information on available programmes in universities, among others,” the committee said in its report.
“The committee considered all clauses of the Bill and recommends deletion of Clause 1, Clause 2, Clause 3, and Clause 4.”
The committee said that under the New Funding Model for higher education, the KUCCPS has not placed government-sponsored students in private universities for the last two academic years.
On his part, Mr Aseka wanted the Universities Act No 42 amended to abolish funding of private universities using public funds and to bar KUCCPS from placing students in private universities.
The Bill further sought to safeguard public funds from misuse by private entities that have not been brought under the regulatory framework of the Public Finance Management Act, 2015, and the regulation thereunder.
“Upon reviewing the Bill and submissions received, the committee observed that government grants provided to private universities are intended to support research and development initiatives that benefit the public,” Mr Melly said in a report tabled in Parliament.
“Consequently, these grants should be maintained to continue fostering advancement that serves the public good.”
The committee has proposed the deletion of a clause that seeks to abolish funding of private universities using public funds and to bar KUCCPS from placement of students to private universities.
The committee wants Clause 2 and 3 of the Bill to be deleted by the House on the grounds that government grants provided to private universities are intended to support research and development initiatives that benefit the public.
The committee, however, approved a separate Bill that, if passed, would block universities from offering diplomas and certificates.
The privately sponsored Bill seeks to amend the Universities Act, Cap 210 to eliminate the practice of universities offering certificates and diplomas.
The Universities (Amendment) Bill, 2024 sponsored by Embakasi Central MP Benjamin Gathiru seeks to address the overlapping roles of Kenyan universities and technical institutions in offering diploma and university courses, which has led to inconsistencies in course quality, content, and duration.
Currently, the committee said both the Technical and Vocational Education Training Authority (TVETA) and the Commission for University Education (CUE) are responsible for certifying diploma and certificate courses, creating regulatory challenges and confusion in the education sector.
“The Bill aims to streamline the education system by restricting universities to degree and postgraduate courses, leaving diploma and certificate programmes to technical and vocational colleges,” Mr Melly said.
“The committee, having considered the Universities (Amendment) Bill, 2023, the submissions by stakeholders, and the sponsor of the Bill, recommends that the House approves the Bill.
