Reprieve for over 225 students after the High court quashed a directive by Health Cabinet Secretary Aden Duale seeking to discontinued Mount Kenya University’s Bachelor of Science in Oral Health Programme.
In a judgement delivered by Justice William Musyoka of Milimani High Court ruled that the CS acted without legal authority when he issued an order directing Mount Kenya University to discontinue its Bachelor of Science in Oral Health programme.
“Consequently, the first respondent (Duale) has no power, under the Universities Act, to order discontinuance of a Degree programme of a University in Kenya,” Justice Musyoka ruled.
The court found that the power to accredit, approve and regulate university academic programmes exclusively lies with the Commission for University Education (CUE) under the Universities Act.
The case had been filed by the Oral Health Association of Kenya challenging a letter dated February 3, 2026 authored by the Health CS directing MKU to discontinue the programme.
The Ministry had argued that the programme was not aligned with the prevailing oral health population needs and that there was no clearly established service delivery gap.
However, Justice Musyoka ruled that the directive amounted to unlawful interference in university education matters.
The court held that section 5A of the Universities Act grants exclusive powers to the Commission for University Education regarding approval and accreditation of university programmes.
“It is the exclusive function and mandate of the interested party (CUE) to accredit universities and to approve their academic programmes,” Justice Musyoka stated in his ruling.
The Health Ministry had also argued that the case was premature and speculated because the impugned letter merely advised the University to discontinue the programme.
But the Judge disagreed noting saying the wording of the letter effectively amounted to a directive.
“The phrase ‘you are advised’, is deceptively polite, intended to soften the otherwise blunt message that is being conveyed, that the university should close shop so far as that programme is concerned,” the Judge stated.
The court further found out that the letter required MKU to prepare a transition plan for enrolled students within 21 days, demonstrating that an implementation process had already been triggered.
“To be required to do something is to be commanded to do it, or to be ordered or directed,” Justice Musyoka observed.
The Oral Health Association of Kenya had argued that the Ministry’s actions threatened the future of more than 225 students enrolled in the programme and violated their constitutional right to education.
The Association further claimed that the directive was issued without public participation, stakeholder engagement or notice to affected students.
Justice Musyoka also criticised the Ministry of Health for bypassing the Ministry of Education and directly communicating with the university.
“Any direct official communication by the first respondent (Health CS) with a university on an academic programme it runs, without reference to the Cabinet Secretary responsible for education, would be improper, unreasonable, irresponsible and in bad faith,” He observed in the ruling.
Justice Musyoka added that such conduct amounted to statutory overreach and usurpation of mandate.
The court allowed the application and granted orders quashing the directive, prohibiting interference with the programme and affirming the legality of the oral health degree programme.
