The government's plan to roll out free university education has run into fresh scrutiny after President William Ruto and the Ministry of Education cited different Bills as the law expected to support the programme.
The conflicting positions have raised questions about the legal framework behind one of the government's biggest education promises and whether the required approval process has been completed.
The latest developments come only days after questions emerged over claims that the proposed law had already been forwarded to Parliament. Fresh attention is now on the legislation itself, with State House and the Education Ministry giving different names for the Bill expected to introduce the new funding model.
The differing accounts have also sparked speculation that Cabinet may not yet have approved the proposed law, despite such approval being required before legislation carrying major financial commitments is introduced in Parliament.
While unveiling the policy at State House, Nairobi, on July 21, President Ruto said free university education would be anchored in the Higher Education Loans Board (Amendment) Bill, 2026, adding that it had already been submitted to Parliament.
He maintained the same position two days later while addressing Jua Kali artisans.
“There is a law in Parliament called the Helb (Amendment) Bill, 2026 that will enable us to ensure that every Kenyan student who has been placed in a TVET or a university gets state funding,” President Ruto said.
“I am not drunk and I am not a fool. I know what I am saying.”
However, the Ministry of Education has pointed to a different Bill altogether.
In a statement, the ministry said the Tertiary Education Placement and Funding Bill, 2026 is the legislation that will reshape higher education financing.
“The proposed framework seeks to introduce a new financing model designed to ensure that every Kenyan who qualifies for tertiary education has access to higher education financing,” the ministry said.
It further stated that “the Bill is now in Parliament for debate and approval”.
Government procedures require any Bill with substantial financial implications to receive Cabinet approval before it is presented to Parliament.
High Court advocate David Ochami said the apparent lack of Cabinet approval raises questions about the government's readiness to finance the programme.
“The lack of Cabinet approval, essentially committing the government to financing the programme appears to be a poorly crafted attempt to assuage the youth, heavily burdened parents and the middle class ahead of next year’s elections,” said High Court advocate David Ochami.
According to the ministry, the proposed Tertiary Education Placement and Funding Bill seeks to merge the Higher Education Loans Board (Helb), the Universities Fund and the Technical and Vocational Education and Training (TVET) Fund into a single institution known as the Tertiary Education Funding Authority (TEFA).
“This way, funding for college, TVET and university students will be coordinated and administered under one authority,” reads the ministry’s statement.
The proposal comes at a time when public universities are grappling with mounting financial challenges. The National Assembly's Education Committee has already warned that pending bills in public universities have surpassed Sh100 billion.
For the 2026/27 financial year, the State Department for Higher Education was allocated Sh164.1 billion, but Parliament has maintained that the amount is still inadequate to support universities, student loans, scholarships and infrastructure projects.
Although President Ruto announced free university education, he did not explain where the additional funding would come from.
The ministry, however, said the proposed law would guarantee financial support for all eligible students and trainees in tertiary institutions, including tuition fees, accommodation and living expenses.
It said expanding access to higher education must go hand in hand with a sustainable financing model.
“Universal coverage requires additional resources to ensure that funding is sustained for all eligible students and trainees,” it said.
To support the programme, the proposed law would allow TEFA to mobilise funding beyond the Exchequer through private capital, non-traditional financing options, consolidated bursary and scholarship programmes, education savings products and stronger loan recovery systems.