Mount Kenya University (MKU) has secured a major legal victory after the High Court nullified a directive issued by Health Cabinet Secretary Aden Duale that sought to discontinue the institution’s Bachelor of Science in Oral Health programme, safeguarding the academic future of more than 225 students.
In a landmark ruling delivered at the Milimani High Court, Justice William Musyoka declared that the Ministry of Health acted outside its legal mandate when it instructed the university to phase out the programme. The court affirmed that the degree course remains legally accredited and recognized by the Commission for University Education (CUE), allowing it to continue operating without interruption.
The case was brought before the court by the Oral Health Association of Kenya following a directive from the Ministry of Health ordering Mount Kenya University to discontinue the programme. The ministry had argued that the course did not adequately align with the country’s oral healthcare needs and raised concerns that graduates could face difficulties in obtaining a clear professional pathway after completing their studies.
However, the court found that the authority to approve, accredit, inspect, recognize, review or discontinue academic programmes offered by universities is vested exclusively in the Commission for University Education under the Universities Act.
Justice Musyoka ruled that the Health Ministry lacked the statutory powers to order the closure of the programme, emphasizing that only the designated higher education regulator has the legal mandate to make such decisions.
“The 1st respondent has no power to make the decision that he purported to make, to have the academic programme in question discontinued,” the judge stated in his ruling.
Although the Ministry of Health maintained that its communication to the university was merely advisory, the court determined that the language used in the letter amounted to a directive rather than a recommendation. The ministry had instructed the university to prepare and submit a transition plan for affected students within 21 days, a move the court interpreted as a clear indication that the programme was expected to be phased out.
The judgment also highlighted the significant impact the directive would have had on students already enrolled in the programme. More than 225 learners faced uncertainty over their academic progress, professional training and future career prospects if the decision had been implemented.
By overturning the directive, the High Court protected the interests of the students while reaffirming the legal framework governing university education and programme accreditation in Kenya.
The ruling ensures that Mount Kenya University’s Bachelor of Science in Oral Health programme will continue uninterrupted and reinforces the role of the Commission for University Education as the sole body legally empowered to regulate, accredit or discontinue university academic programmes in the country.
The decision is expected to serve as an important precedent in clarifying the boundaries between sector ministries and independent regulatory institutions, particularly in matters concerning higher education and professional training.
