Why High Court Blocked CS Duale’s Attempt to Scrap
@MountKenyaUni’s Oral Health Degree
Lack of legal authority — Only the
@CUE_Kenya not
@MOH_Kenya CS, has statutory power to approve, regulate, or discontinue academic programmes at Kenyan universities
Statutory mandate overstepped — Duale acted outside his mandate by directing MKU to discontinue the programme and prepare transition arrangements for enrolled students
Improper communication channel — The Health Ministry communicated directly with the university on academic matters, bypassing CS for
@EduMinKenya, which the court found constitutionally irregular
Letter was a directive, not advice — Though framed as advisory, the court found the letter compelled the university to develop exit arrangements and report within set timelines — making it effectively a directive
Universities Act is clear — The Act exclusively vests CUE with power to recognise, licence, approve and accredit academic programmes; where conflicts arise between the Universities Act and other statutes, the Universities Act prevails
Programme was duly accredited — CUE confirmed the programme’s accreditation on April 21, noting it was approved by the university senate before January 13, 2017 and accredited under the Universities Act No. 42 of 2012
Conduct characterised as unlawful — The judge described Duale’s actions as “improper, unreasonable, irresponsible and in bad faith” amounting to usurpation of mandate
This ruling directly protects your university’s Bachelor of Science in Oral Health programme and the 225 students enrolled in it.