High Court quashes Duale order to scrap MKU oral health degree

Reprieve for over 225 students after the High Court quashed a directive by Health Cabinet Secretary Aden Duale seeking to discontinue Mount Kenya University’s Bachelor of Science in Oral Health programme.

In a judgment delivered by Justice William Musyoka of the Milimani High Court ruled that Health Cabinet Secretary Aden Duale 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 1st respondent (Health CS Duale) has no power, under the Universities Act, to order discontinuance of a degree programme of a university in Kenya,” ruled Justice Musyoka.

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 and

The case had been filed by the Oral Health Association of Kenya, challenging a February 3, 2026, letter allegedly authored by the health CS directing Mount Kenya University (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 would be clear that it is the exclusive function and mandate of the interested party (CUE) to accredit universities, and to approve their academic programmes,” the judge stated.

The Health Ministry had also argued that the case was premature and speculative because the impugned letter merely advised the university to discontinue the programme.

But the judge disagreed, 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,” Justice Musyoka ruled.

The court further found 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,” the judge observed.

The Oral Health Association of Kenya had argued that the ministry’s action threatened the future of more than 225 students enrolled in the programme and violated their constitutional right to education.

The association further claimed 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 1st 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 ruled.

The judge 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 course.