Bar and campus ban: State tightens grip on varsity operations

Universities operating from Nairobi's central business district and other town centres could be forced to relocate, restructure or significantly scale down operations under sweeping new regulations.

The draft Universities (General) Regulations, 2026, published by the Ministry of Education and the Commission for University Education (CUE), seek to tighten oversight of campuses.

It also raises quality standards, including banning universities from operating near bars, nightclubs, casinos, brothels and lodgings.

If adopted, the rules could fundamentally alter the establishment of satellite campuses.

The model has seen public and private universities establish branches in commercial buildings across major towns over the past two decades.

"University infrastructure and facilities shall be located away from incompatible businesses such as bars, nightclubs, casinos, and brothels, lodgings or any other establishment that may be determined by the commission to be incompatible with learning," the proposed regulations state.

The rules further provide that universities must offer an environment free from distractions and conducive to teaching, learning, research and innovation.

The changes could particularly affect institutions such as Egerton University, Moi University, Kenyatta University and Jomo Kenyatta University of Agriculture and Technology (JKUAT), which have established campuses in Nairobi and other urban centres.

For years, many satellite campuses have operated from rented commercial premises where lecture halls share buildings with bars, betting shops, restaurants, entertainment joints and other businesses.

Under the new regulations, a university campus "shall not share premises with incompatible businesses", signalling the government's intention to separate academic institutions from environments considered unsuitable for learning.

The regulations also raise the bar for establishing campuses by requiring universities to provide proof of ownership of the land on which a campus is situated.

The requirement is likely to pose challenges for institutions operating from leased commercial buildings in Nairobi, Mombasa, Kisumu, Nakuru and Eldoret.

Universities seeking approval for campuses will also have to demonstrate the availability of libraries, equipment, qualified staff and adequate financial resources.

Applications must be accompanied by approval from the university council and senate, a campus establishment policy and detailed information on facilities, staffing levels, projected student enrolment and quality assurance mechanisms.

Education CS Julius Ogamba said the regulations are aimed at strengthening governance and quality assurance in the higher education sector rather than shutting down institutions.

According to the ministry, the regulations establish procedures for the accreditation of universities and campuses, approval of academic programmes, quality audits and regulation of collaborations that lead to the award of academic qualifications.

The proposed framework also introduces stricter standards on student welfare, particularly accommodation.

Under the rules, student hostels will not be allowed to accommodate more than four students per room.

Universities will also be required to take responsibility for the safety and welfare of students living off campus by entering into formal agreements with third-party accommodation providers.

Foreign universities seeking to collaborate with local institutions will face tougher requirements as well.

The draft regulations require foreign institutions to prove that they have graduated at least one cohort of students in their country of origin in the academic programme they intend to offer in Kenya.

Student recruitment agencies, which have in the past faced accusations of marketing programmes from unaccredited foreign institutions, will also come under stricter scrutiny.

The agencies will be required to obtain licences from CUE and comply with operational standards set by the regulator.

The commission will have powers to conduct impromptu inspections and revoke licences where agencies fail to meet the requirements.

Those found guilty of violating the regulations could face a fine of up to Sh1 million, imprisonment for a term not exceeding two years, or both.

Existing universities will not escape the new regime.

Although transitional provisions allow institutions currently in operation to be deemed compliant for a limited period, CUE will be required to conduct regular quality audits every four years.

Universities found to be operating in violation of location requirements or other quality standards could face sanctions, including the revocation of their charters and winding-up proceedings.

In a regulatory impact statement accompanying the proposals, Ogamba argued that stronger oversight is necessary to safeguard the integrity of university education.

"The quality and competitiveness of university education largely depend on the existence of effective governance, quality assurance, accountability and regulatory mechanisms," he said.

The regulations also introduce a more rigorous accreditation framework.

New campuses may be granted provisional accreditation for three years or full accreditation for five years before undergoing re-accreditation.

In addition, CUE will inspect campuses at least once every two years to assess compliance with legal and quality standards.

Where audits identify deficiencies, universities may be issued with compliance notices requiring corrective action within six months. Institutions could also be barred from admitting new students into programmes found to be non-compliant.

The proposed reforms come against the backdrop of longstanding concerns over the rapid expansion of satellite campuses during the late 2000s and early 2010s, when universities raced to tap growing demand for higher education.

Critics have repeatedly questioned whether some campuses had adequate libraries, laboratories, lecture facilities and student support services.

The ministry has invited public comments on the draft regulations and scheduled stakeholder forums across the country beginning June 8.

INSTANT ANALYSIS

If adopted in their current form, the regulations could mark the beginning of the end of the traditional CBD campus model. Universities may be compelled to move away from rented commercial buildings and invest in dedicated academic facilities, potentially reducing access in town centres but raising standards and strengthening oversight across the sector.