In a major win for Mount Kenya University (MKU) and over 225 students whose futures hung in the balance, the High Court has quashed a directive by Health Cabinet Secretary Aden Duale ordering the immediate discontinuation of the Bachelor of Science degree programme in oral health at the university.
The court ruled that the programme is legally accredited by the Commission for University Education and that the Ministry of Health has absolutely no legal authority to shut down university academic programmes.
Current students can continue their studies, and the programme remains valid and fully protected.
Justice Musyoka of the Milimani High Court delivered the ruling in a case brought by the Oral Health Association of Kenya, which had challenged the directive issued by the CS on February 3, 2026, through a letter to the MKU Vice Chancellor.
“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.
In that letter, Duale had ordered the immediate discontinuation of the oral health programme, claiming it was not aligned with the prevailing oral health population needs and that there was no clearly established service delivery gap.
He also issued a 21-day ultimatum demanding that the university develop a transition plan for the affected students.
The court found that under Section 5A (2) of the Universities Act, the exclusive mandate to recognise, approve, and accredit academic programmes belongs to the Commission for University Education.
“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.
They also added that the CS had absolutely no statutory authority to order the discontinuation of an accredited university programme.
“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 association had argued that the directive was a clear case of executive overreach, issued without any empirical data, research, or scientific backing, and without any prior notice, stakeholder engagement, or public participation, in violation of the Fair Administrative Action Act and Article 47 of the Constitution.
The court also found that the directive had thrown the dental health training sector into confusion, unlawfully prejudiced hundreds of students’ mid-semester, and violated their constitutional right to education.
In its judgment, the court found that the Ministry acted outside its mandate and violated the Universities Act, making it clear that only the Commission for University Education has the authority to approve or discontinue university programmes.
The ruling is a significant setback for the Health CS, with the court holding that he lacks the legal authority to unilaterally discontinue an accredited university degree programme.
The judge emphasized that such decisions fall under the mandate of the relevant education regulators, not a Cabinet Secretary acting through official correspondence.
