tremendous growth in terms of enrolment and the numbers of universities and university constituent colleges. The number of private universities has increased from 13 in 2003 to 26 in 2012, while the number of public universities and university constituent colleges increased by 340 per cent, rising from six universities and one university constituent college in 2003, to seven fully fledged public universities and 24 university constituent colleges in 2012. The total number of universities in the country now stands at 60 institutions and all the 24 university colleges may apply for accreditation into fully fledged national public universities under the provisions of the Universities Act. This growth has however generated issues relating to the quality of education being offered in these institutions which is the single most challenging issue that the Government is faced with but which the newly enacted Universities Act has sight of. While this increase will somewhat ease Kenya’s crisis of admissions, more still needs to be done to accommodate all qualifying students. Currently, only about half get places in public universities. 224. The increase in enrolment at higher learning institutions has been accelerated by the introduction of FPE and FDSE programmes in 2003 and 2008 respectively, which trend is expected to continue. As at June 2012, the number of university students was estimated at 218,862 spread across the seven public universities. 225. The Higher Education Loans Board continues to give financial support to university students. During the fiscal year 2011/2012, a total of KES 4,810,876,250 (Approximately USD 54,360,183/-) was disbursed to 106,136 Kenyan students pursuing undergraduate and post graduate university education locally and within the EAC. Article 17: Right to take part in cultural life 226. Cultural expression and respect for the diverse cultural practices in Kenya has historically had the requisite space for existence though the institutional infrastructure important for growth and development has been inadequate. However, with the passage of the Constitution of Kenya, 2010, culture has received renewed prominence and is now recognised in the Constitution under Article 11 which identifies culture as the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. It provides under subsection (2) that The State shall—(a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;(b) recognise the role of science and indigenous technologies in the development of the nation; and(c) promote the intellectual property rights of the people of Kenya. (3) Parliament shall enact legislation to—(a) ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and (b) recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya. 227. Article 7 provides that the national language of the Republic is Kiswahili. (2) The official languages of the Republic are Kiswahili and English.(3) The State shall—(a) promote and protect the diversity of language of the people of Kenya; and (b) promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities. 50

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