Council of Governors (CoG) led by Vice Chair Mutahi Kahiga address journalists at Enashipai Resort in Naivasha, Nakuru County on February 13, 2025.
A court order stopping the Controller of Budget from approving the withdrawal of bursary funds has thrown county governments into a crisis, with thousands of needy learners now at risk of dropping out of school.
Governors say the freeze has disrupted their education sponsorship programmes and are now pleading with the court to temporarily lift the order at least until the end of the financial year on June 30.
Last Friday, Murang’a Governor Irungu Kang’ata appeared virtually before Nakuru High Court Judge Samuel Mohochi and urged the court to consider the dire impact of the order and allow county governments to continue paying bursaries for the next three months.
The order issued on February 19 by Justice Mohochi suspended an agreement between the Controller of Budget (CoB) and the Council of Governors (CoG) that allowed counties to issue bursaries to students enrolled in institutions beyond their constitutional mandate namely, primary and secondary schools and universities.
The ruling effectively reinstated a circular issued on January 14, 2025, by CoB Margaret Nyakang’o, who had directed counties to stop issuing bursaries to those categories of learners, arguing that such functions were not legally within the counties' purview.
Following pressure from the CoG and intervention by Deputy President Kithure Kindiki, the CoB softened its stance, allowing counties to resume bursary disbursements
But this triggered a legal challenge by a Nakuru-based activist, leading to the current court order suspending the relaxed arrangement.
Several county governments, including Nakuru, Murang’a and Uasin Gishu, are now pushing back in court.
They argue that the freeze undermines the right to education for thousands of students, many from poor and vulnerable households who rely on the county bursaries to remain in school.
Governor Kang’ata told the court that counties are not asking for a final ruling in their favour at this point but are only seeking a temporary reprieve to cushion learners from the immediate impact of the suspension.
“We do not know how your ruling will go—we could win or lose. But in the event that we lose, and the status quo remains where counties cannot access requisitions to pay for bursaries, then the Financial Year 2024/25 will have ended without those funds being used,” said Governor Kang’ata.
He added: “We are pleading that the original situation be allowed to obtain for the next two months, up to June 30. This will give counties the ability to requisition and use the funds already budgeted for, without prejudicing the court’s final decision.”
He also emphasised the need for counties to be given time to examine the CoB’s clarification, as well as to review their own transfer of functions agreements to better understand their legal responsibilities on education support.
Murang’a County lawyer Julia Munyua described the court order as one that was issued “in a vacuum,” without a full appreciation of the ground realities.
She said the directive had already caused significant disruption with many students being forced to drop out of school due to lack of funds.
“The same has resulted in severe consequences, including massive dropout of innocent and underprivileged children from schools in Murang’a County, and beyond,” she submitted.
According to Ms Munyua, the orders have, without due notice, caused social and economic hardship to millions of students and their families.
Representing Nakuru County, lawyer Caleb Nyamwange told the court that counties have been issuing bursaries uninterrupted since 2013 and there had never been an objection from the national government until this year.
He said the court must consider the public interest at stake and allow counties to continue supporting needy learners at least for the remainder of the financial year.
The petitioners in the case have sued a host of government entities, including the Controller of Budget, Cabinet Secretaries for Treasury and Education, the National Assembly, the Senate and the Attorney General.
Nakuru and Murang’a counties are named as respondents, while Uasin Gishu has applied to be enjoined as an interested party.
The court is expected to mention the matter on Tuesday, as pressure mounts from governors and education stakeholders to resolve the stalemate before more learners are affected.
jopenda@ke.nationmedia.com
