November 28, 2014

Mr Henry Rotich
Cabinet Secretary
The National Treasury
Treasury Building, 14th Flr
NAIROBI

Dear Mr Rotich, 

RE: ABUSE OF REGULATORY POWERS TO LEVY PUBLIC FEES:

The shock steep rise in regulatory fees by The Commission for University Education (CUE), refers.

That every student enrolled in all universities (especially public ones) will pay Sh1000 (Bachelors); Sh1,500 (Masters); Sh2,000 (PhD) and Sh800 (Post Graduate Diploma), and considering the ever-rising enrollment is not only irrational, unreasonable but unnecessary. This is in addition to higher fees for other CUE services. All these costs will be borne by consumers of higher education. As such, we write to strongly oppose the move by CUE and other regulatory agencies on the following grounds;

(a) This will make the cost of public universities unaffordable for many Kenyan families and will lead to many dropouts. Again, it will aggravate the already worse inflation levels.
(b) There is no equivalent increment of student loans by the Higher Education Loans Board
(c) There was no known public consultation as required by the appropriate laws. In essence, the Gazette Notice by CUE is a plain illegality.
(d) The CUE has no justification whatsoever on the rationale and explanation as to the basis of the fees they wish to apply. Further, the proposed higher fees does not reflect the benefit of volume of scale and the increasing numbers of annual enrollment. Again, it appears, the CUE would obviously wish to levy more to cover up for its inefficiencies and or their luxury of excess revenue considering their core mandate is limited approval meetings and limited local travel only.
(e) If allowed, other dozens of regulatory agencies with power to levy fees from the public will follow suit

From the foregoing, we demand as follows;

(a) That the CUE proposed regulatory fees increment be shelved and the offending Gazette Notice be immediately revoked
(b) That you immediately chair a meeting together with your Education colleague, CUE, Vice Chancellors, Student leaders and ourselves to review this matter further

(c) That you issue a moratorium to all regulatory agencies not to rush to gazette fee increments without due process

(d) That all regulatory agencies fees ought to be collected by Kenya Revenue Authority and not by themselves
(e) By copy to Clerk of the National Assembly, we urge the Parliamentary Committees of Finace, Trade & Planning and that of Budget, review the continued abuse of regulatory powers to exploit unsuspecting members of the public
(f) Finally, we urge parents and guardians to reject any public university fees pegged on the CUE Gazette Notice or a related reason.

Failing favourable action from your end, within 7 days from the date of this letter, we will have no option other than seeking a legal intervention against yourself, your Education counterpart, the CUE and the Attorney General.

In the meantime, we look forward to your early and favourable response.

Yours Sincerely


Stephen Mutoro
Secretary General

CC:

Prof Jacob T. Kaimenyi
Cabinet Secretary
Ministry of Education
Jogoo House
NAIROBI

Mr Justin Bundi
Clerk to the National Assembly
Parliament Buildings
NAIROBI

Prof David K. Some
Commission Secretary
Commission for University Education
Red Hill Road, Off Limuru Road, Gigiri.
P.O. Box 54999 – 00200
NAIROBI