More than 225 students at Mount Kenya University have reason to celebrate after the High Court quashed a directive by the Ministry of Health that sought to discontinue the institution’s Bachelor of Science in Oral Health programme.
In a landmark judgment delivered at the Milimani High Court, Justice William Musyoka ruled that the Ministry of Health acted outside its legal mandate when it ordered the university to stop offering the programme. The court affirmed that the course is legally accredited by the Commission for University Education (CUE) and therefore remains valid and operational.
The ruling comes as a major relief to students whose academic and professional futures had been thrown into uncertainty following the ministry’s directive. Had the order been upheld, more than 225 learners enrolled in the programme would have faced disruption of their studies and uncertainty over their career prospects in oral healthcare.
The case was filed by the Oral Health Association of Kenya after the Ministry of Health issued a letter on February 3, 2026, directing MKU to discontinue the programme.
The ministry argued that the course was not aligned with Kenya’s oral health needs and raised concerns that graduates might lack a clear professional practice pathway upon completion.
However, the court found that the Bachelor of Science in Oral Health programme was approved and accredited by CUE in 2016 and that only the commission has the legal authority to approve, review, regulate or discontinue university academic programmes under the Universities Act.
Justice Musyoka held that the Ministry of Health had no legal power to shut down the programme and had therefore acted unlawfully.
Although the ministry argued that its communication was merely advisory, the court examined the wording of the letter and concluded that it amounted to a directive ordering the programme’s closure.
The judgment not only secures the future of the programme but also safeguards the academic interests and career aspirations of the affected students.
It further reinforces the role of CUE as the sole statutory body mandated to regulate university academic programmes in Kenya, providing clarity and certainty for institutions, students and stakeholders in higher education.
By Muoki Charles
