A middle-level college fears it may have to close down over a regulation that bars it from collaborating with a public university on academic programmes.
Highlands State College Limited, which has a partnership with Maasai Mara University, claims that the fate of its 300 students is uncertain, because they have been denied admission at the university as a result of the regulations.
Highlands wants Rule 86(2) of the Universities Regulations 2014 quashed, saying the implementation of the regulations is illegal.
But on Monday, the Commission for Higher Education (CUE) denied having received any complaints from universities and colleges against the regulations.
Deputy Commission Secretary Florah Karimi, responding to Highlands’s case, said the college had all along known the existence of that law but failed to act to safeguard its perceived rights. Dr Karimi said CUE has no role in regulating education below university level.
NOT APPROPRIATE FORUM
She further said it was misleading for the college to allege that it was established to offer degree programmes and would therefore collapse if the regulation is enforced on Friday June 12.
“CUE is not aware of any university that has made a complaint against the regulation and wants it quashed. There is no indication that the said regulation brought about the decision of the university to cease admitting new students of the said institution,” said Dr Karimi.
She said the six-month window for complaints against the law had expired, and that the court was not the appropriate platform to address the alleged violations of right to property, right to education and freedom to pursue socio-economic rights.
The college moved to court on April 24, seeking to halt the implementation of the regulations by CUE and the Education ministry.
The regulation came into existence after Parliament enacted the University Act and granted powers to the Education CS to formulate laws touching on institutions of higher learning.
The case will be mentioned next Tuesday.