High Court Delivers Reprieve to Mount Kenya University’s Oral Health Degree Programme

Nairobi, Kenya – Mount Kenya University (MKU) has secured a significant legal victory after Kenya’s High Court quashed a directive by Health Cabinet Secretary Aden Duale ordering the discontinuation of the institution’s Bachelor of Science in Oral Health programme.

In a judgment delivered by Justice William Musyoka at the Milimani High Court, the court ruled that the Cabinet Secretary acted without legal authority and exceeded his mandate by directing the university to halt the programme. The ruling provides relief to more than 225 students currently enrolled in the course.

The case was brought by the Oral Health Association of Kenya, which challenged a letter dated February 3, 2026, from the Ministry of Health instructing MKU to immediately discontinue the Bachelor of Science in Oral Health and submit a transition plan for affected students. The ministry had argued that the programme was not aligned with prevailing national oral health needs and lacked a clearly established service delivery gap.

Justice Musyoka determined that the directive constituted unlawful interference in university academic affairs. The court emphasised that, under the Universities Act, the exclusive power to accredit, approve, regulate, and discontinue university degree programmes rests with the Commission for University Education (CUE).

“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,” the judge ruled. The court described the ministry’s action as statutory overreach and a usurpation of mandate.

The Bachelor of Science in Oral Health programme at MKU, offered through the Department of Dental Sciences, was accredited by CUE in 2016 and remains legally recognised. It is also registered with the Oral Health Association of Kenya and aims to train professionals to address oral healthcare needs, particularly in underserved areas.

The judgment prohibits further interference with the programme and affirms its continued validity, allowing enrolled students to proceed with their studies uninterrupted. It also underscores the primacy of the Universities Act in matters of higher education programme regulation over other statutes where conflicts arise.

MKU has welcomed the decision, describing it as a boost to efforts aimed at tackling Kenya’s shortage of oral health professionals and expanding access to dental therapy services.

This landmark ruling is expected to have broader implications for the governance of university programmes in Kenya, reinforcing the statutory boundaries between different government ministries and the independent role of the Commission for University Education.