President William Ruto has waded into the legal storm over bursaries for needy students, saying he has instructed the Ministry of Education to work with the Council of Governors on a framework to facilitate the issuance of bursaries by both national and county governments.
His comments come at a time when governors are embroiled in a dispute with the Controller of Budget, Dr Margaret Nyakang'o, who has rejected their request to withdraw funds for bursaries for needy students. Murang'a Governor Irungu Kang'ata has petitioned the court to have the Controller of Budget remanded in civil jail for alleged contempt of court over the release of the funds.
“I have given instructions to the Ministry of Education to work with the Council of Governors to [come up with] a framework that is required by law so that we can facilitate scholarships from both the national government and the county governments, because these scholarships benefit the children of Kenya,” said Dr Ruto when he hosted breakfast for students from the newly established PCEA Booth Girls High School in Ngong Forest, Nairobi.
President Ruto emphasised the need for collaboration between the national and county governments to ensure that more Kenyan students benefit from educational support. He pledged to pay full fees for all learners in the school's first cohort up to Form Four.
There is already a bill to consolidate all educational bursaries to be managed by one body. However, it has not yet been approved by Cabinet for onward transmission to the National Assembly.
On Wednesday, Dr Nyakang'o sought judicial clarification on conflicting court orders affecting the disbursement of bursaries by the counties.
In an urgent court application, Dr Nyakang'o argued that the conflicting court rulings had caused confusion and left her office open to accusations of unlawfully blocking bursary requisitions. At the heart of the dispute are orders issued on February 3, 2025 and clarified on April 8, 2025, which have been interpreted differently by the parties to the dispute.
“This application is made to seek the court’s clarification to reconcile these orders in a manner that preserves the integrity of the judicial process and facilitates lawful execution of financial mandates,” Dr Nyakang’o said in her petition.
Justice Samuel Mohochi clarified on April 8, 2025 that his earlier orders of February 3, 2025 only prohibited counties from issuing bursaries beyond the current financial year. However, he allowed existing programmes to continue.
Among the orders being challenged are Order 7, which bars the Controller of Budget from approving bursary requests that are not supported by intergovernmental agreements, and Order 9, which bars Nakuru and Murang'a counties from issuing bursaries beyond the 2024/2025 financial year.
Pending clarification, Dr Nyakang'o has requested that the implementation of Orders 7 and 9 be suspended to the extent that they conflict with Orders 5, 6 and 8, citing legal uncertainty.
Earlier this week, Dr Kang'ata filed a contempt application against Dr Nyakang'o, accusing her of failing to comply with court orders to release funds for bursaries for the current financial year.
He criticised the circular issued by the Controller of Budget on January 14, 2025, which prohibited the disbursement of county bursaries without giving counties adequate transition time.
The circular came at a time when some counties had already issued cheques in anticipation of getting the money from the Controller of Budget, as had been the case since devolution began in 2013.
“This case affects all 47 counties and, more critically, millions of Kenyan learners who rely on this financial aid to stay in school,” Governor Kang’ata told journalist on Monday.
Murang’a County is demanding the release of KSh70 million to support more than 50,000 learners under three key bursary programmes – the Nyota Yetu full scholarships for 1,400 vulnerable students, ward-based bursaries for 35,000 learners, and the Inua Masomo initiative, which supports 10,000 top-performing day scholars.
“The irony is that we have the money in our account but we cannot touch it,” lamented Governor Kang’ata.
He added that the current restrictions undermine the spirit of devolution and put thousands of learners at risk of dropping out of school due to unpaid fees, especially those studying outside their home counties.
The ongoing legal battle stems from a case brought by activist Laban Omusundi and the Katiba Institute, challenging the legality of county bursaries being issued outside their jurisdiction, and has sparked a wider debate about the role of counties in supporting education.
