Relief for governors as court allows payment of this year's bursaries
Governor argues that the Controller of Budget misinterpreted a court order and refused to release already budgeted bursary funds.
Governors can breathe a temporary sigh of relief after the High Court clarified an earlier order that had prevented them from paying bursaries to institutions outside their counties.
The clarification follows a ruling in February that suspended a decision by the Controller of Budget to withdraw a circular restricting the allocation of bursaries beyond county boundaries.
The suspension had been interpreted differently, with the Controller of Budget claiming it applied to the current financial year, effectively stalling payments already approved by counties.
The matter returned to court after several counties, led by Murang'a through Governor Irungu Kang'ata, sought clarity.
Dr Kang'ata told the court last week that the Controller of Budget had misinterpreted the order by refusing to release already budgeted bursary funds.
This, he said, had crippled the counties' ability to support students in the current financial year.
On Wednesday, Justice Samuel Mohochi ruled that the interim conservatorship orders would only apply to the 2025/26 financial year.
He stressed that the court never intended to block access to bursaries already approved in the current budget cycle.
“For clarity and avoidance of doubt, this court hereby clarifies that the temporary conservatory orders issued by this court had the effect of only restraining the parties from processing, issuing or approving fresh bursaries during the pendency of this petition,” ruled Justice Mohochi.
Murang'a, Nakuru and Uasin Gishu counties filed separate applications asking the court to allow the payment of the approved bursaries.
The original petition was filed in February by Nakuru-based activist Laban Omusundi and the Katiba Institute, challenging the Controller of Budget's decision to relax a directive that prevented counties from offering bursaries to institutions outside their jurisdiction.
The petition named Nakuru and Murang'a counties, the Controller of Budget, the Cabinet Secretaries for National Treasury and Education, the National Assembly and the Attorney-General as respondents.
Read: Big fight for bursary billions: Why ODM, governors are angry with budget boss Margaret Nyakang'o
Interested parties included the Council of Governors, the National Government Constituency Development Fund Board, the Government Affirmative Action Fund Board, the Law Society of Kenya and the Ministry of Labour and Social Protection. The petitioners, represented by lawyer Henry Gichana, questioned whether the Controller of Budget had the legal authority to stop counties from withdrawing funds that had already been approved in county budgets.
They also raised concerns about the lack of a harmonised national framework to guide education support programmes.
Murang'a and Nakuru counties have urged the court to dismiss the petition.
Murang'a's lawyer, Julia Munyua, said it was in the public interest to allow counties to offer bursaries to needy students.
Nakuru's lawyer, Caleb Nyamwange, pointed out that counties have been consistently issuing bursaries since 2013 without interference from the national government.
The court will make its final ruling on the matter on April 24.