Lawyers file case challenging Helb's new criteria for Masters, PhD loans

People pay their loan at the Higher Education Loans board offices. [File, Standard]

Two lawyers have filed a case in court, seeking to challenge the High Educations Loans Board's (HELB) new requirements for students planning to pursue Masters's and Ph.D. programs on a loan.

Early this month, HELB published a directive requiring anyone who wants to pursue a master's or a Ph.D. degree on a loan to have at least scored a second-class honors upper division in their undergraduate.

In a case filed by lawyers Moses Mabeya and Vincent Yegon, the duo wants an order issued, stopping the implementation of the directive until the case is heard and determined.

Attorney General Justin Muturi, Council of University Education, and Education Cabinet Secretary Ezekiel Machogu are listed as interested parties.

They argue that the advert published by HELB on August 1, 2023, and the commencement of the application exercise on the same day has locked out Kenyans who want to apply for the loan but have not met the new criteria.

Therefore, they want the exercise stopped since saying that HELB stated the application process will end on August 31, 2023.

According to the two, the advert is shed in opaqueness and impunity since HELB unlawfully introduced an illegal minimum eligibility requirement.

They argue that the new requirement is in contravention of the HELB Act.

They argue that the requirement for admission to National Polytechnics, Technical Institutes, and Vocational Colleges (TVETs), is "evidence of enrolment in approved TVETs".

The same applies to undergraduate programs, where the requirement is evidence of enrollment.

HELB's move to introduce the minimum requirement for the two programs they say infringes on Kenyans' right to access education.

They want the court to find the directive by HELB, irregular and unlawful since there was no public participation calling for views of those set to be affected by the move.

Mabeya and Yegon also want the court to find the directive discriminatory to students from humble backgrounds who attained second-class lower division or lesser from accessing loans to further their education.

This directive, they say violates Article 47 of the Constitution on Fair Administrative Action.

It has also violated the national values and principles of governance as set out in Article 10 of the Constitution.

They say the loan's body has acted in a way that lacks accountability and transparency and occasions a disservice and hardships on students from humble backgrounds that intend to continue with their education.

This move to introduce new requirements they say violates their right to legitimate expectation since they expected HELB would not apply the law selectively and unlawfully.

"In the circumstances, unless this Honorable Court intervenes, there is the risk of an irregular abuse of power will proceed unchecked."