Reprieve for over 200 students as Judge quashes on oral health programme

MKU oral health students and lecturers during a free oral health clinic. [Courtesy]

More than 225 Mount Kenya University (MKU) students can now breathe a sigh of relief after the High Court nullified a directive by Health Cabinet Secretary Aden Duale that had sought to discontinue the university’s Bachelor of Science in Oral Health programme.

The ruling, delivered by Justice William Musyoka at the Milimani High Court, found that the Cabinet Secretary acted outside his legal mandate when he issued the directive stopping the programme.

The court further affirmed that the course remains fully accredited and valid under the Commission for University Education (CUE), the only body legally mandated to regulate university academic programmes.

The dispute arose after the Ministry of Health issued a letter instructing MKU to halt the programme, arguing that it was not aligned with Kenya’s oral health needs and raising concerns that graduates might lack a clear professional practice pathway.

The directive was challenged in court by the Oral Health Association of Kenya, which argued that the Ministry had overstepped its jurisdiction.

In its judgment, the court ruled that the authority to approve, regulate, inspect, or discontinue university programmes lies exclusively with CUE under the Universities Act.

“Under the Universities Act, only the Commission for University Education (CUE) has authority to approve, accredit, recognise, inspect, or discontinue university academic programmes,” the judge ruled, adding that the Ministry of Health acted ultra vires beyond its legal powers.

The court further determined that although the Ministry attempted to present its communication as mere “advice,” the wording of the letter amounted to a binding directive intended to shut down the programme.

Justice Musyoka also emphasized that the directive would have had serious consequences for students already enrolled in the programme, noting that over 225 learners faced disruption of their studies, training, and future career plans.

The ruling confirmed that the Bachelor of Science in Oral Health programme, offered under MKU’s Department of Dental Sciences, was duly accredited by CUE in 2016 and remains legally recognized.

The course is also registered with the Oral Health Association of Kenya and has been training students for careers in oral healthcare and dental therapy.

By overturning the directive, the court safeguarded both the academic interests of students and the regulatory framework governing higher education in Kenya.

“The Ministry acted outside its mandate and in violation of the Universities Act,” the judgment stated, reinforcing that decisions affecting university programmes must follow due process through the appropriate regulatory authority.

The court’s decision has brought relief to students, many of whom had faced uncertainty over whether they would be allowed to complete their studies. MKU stakeholders and education sector actors have also welcomed the ruling as a reaffirmation of institutional autonomy and legal clarity in higher education governance.

The Oral Health Association of Kenya, which filed the case, argued that the Ministry’s action threatened not only students but also the future of oral health training in the country.

It maintained that decisions affecting academic programmes should be evidence-based and handled within established legal frameworks.

For the affected students, the ruling marks the end of weeks of anxiety and confusion. With the

programme now confirmed as valid, they can continue their studies without interruption and pursue their professional aspirations in the healthcare sector.

The judgment is also expected to set a precedent on the limits of ministerial authority in university education matters, reinforcing the role of CUE as the sole regulator of academic programmes in Kenya.