Thousands of learners who depend on bursary are caught up in a conflict between the Controller of Budget (CoB) and county governors, over withdrawal of billions of shillings for their education.
As learners report to schools across the country, without assurance their fees will be paid, lawyers representing Murang’a County Governor Irungu Kang’ata were in court filing a petition seeking to have the CoB Margaret Nyakang’o committed to civil jail for contempt of court.
The County Government of Murang'a accuses Dr Nyakang’o of disobeying orders issued by the court on April 8, 2025, that allowed the counties to process for funding the bursaries for the current financial year.
Controller of Budget Margaret Nyakang’o.
Photo credit: File | Nation Media Group
Justice Samuel Mohochi clarified that the conservatory orders he had issued on February 3, preventing the counties from spending county funds on bursaries, pending determination of a case before the court only applied to new bursaries. The orders affect the budgetary allocation of bursaries in the next financial year.
Murang’a County however, in its petition claims the CoB has intentionally refused to approve the requisitions for bursaries despite having knowledge of the orders.
Through its lawyer Julia Munyua, the county wants the CoB committed to a civil jail term of six months for contempt.
“The applicant prays that the court be pleased to commit Dr Nyakango to a civil jail for a period not less than six months or such other punishment that this court may deem just, in the circumstances of her willful disobedience of the court orders,” states the court documents.
Murang’a County Secretary Newton Mwangi in a sworn affidavit claimed the action of the CoB risks removing thousands of learners who are beneficiaries of the bursaries from schools as schools begin the second term.
The case was filed by Nakuru Activist Laban Omusundi alongside Katiba Institute challenging the decision by the CoB to withdraw or retract a circular she issued on January 14, 2025 to allow the counties to continue issuing bursaries to institutions outside their scope.
Under social welfare programmes, county governments provide bursaries and scholarships to support learners in secondary schools, universities, and colleges.
However, the law requires them to seek approval from the CoB before accessing and disbursing the funds. CoB Nyakango through a circular to counties halted the issuance of bursaries to learners by county governments.
Murang’a County filed an application under certificate of urgency on March 26, seeking orders to have the CoB compelled to authorise withdrawals to clear bursary cheques issued prior to the conservatory orders given by the court on February 3. Another request dated April 15 to have the CoB release some Sh15 million to the county was declined, forcing Mr Kang’ata to move to court.
“The case affects all 47 counties and, more critically, impacts millions of Kenyan learners who rely on financial aid to stay in school,” he told journalists on Monday, April 28, 2025.
Murang’a County is demanding the release of Sh70 million to support 50,000 learners under its three bursary programmes. The county supports some 1,400 vulnerable but bright children under its Nyota Yetu programme that receive full scholarship, another 35,000 learners under its Ward bursaries and 10,000 for top performing day students under its Inua Masomo programme.
“The irony is that we have the money in our account but we cannot touch it,” Dr Kang’ata said.
He noted the circular by Dr Nyakang’o did not give counties prior notice to allow them to prepare for a transition, making thousands of learners miss out on school due to failure to settle school fees.
The circular came at a time some counties had already given out cheques in anticipation that they would requisite that money from the CoB, as had been done for many since the onset of devolution in 2013.
Murang'a Governor Irung’u Kang’ata.
Photo credit: Dennis Onsongo | Nation Media Group
The main argument by CoB is that this issuance of bursaries is not a devolved function citing Article 187 of the Constitution as read together with Section 26 of the Intergovernmental Relations Act, requiring formulation of an agreement prior to such funds can be released to counties.
But Dr Kang’ata differed with the CoB saying counties have been allowing the national government to perform devolved functions such as construction of markets and affordable housing in county yards.
“Therefore, any requisition for withdrawal of funds to perform functions categorised as national government functions under Part 1 of the Fourth Schedule must be accompanied by the requisite intergovernmental agreement as prescribed by law,” she notes in the circular.
He noted that in addition to this, county governments have enacted laws in the county assemblies giving them the legal backing to give out bursaries and those laws have not been invalidated in a court of law.
“What Dr Nyakang’o did in that letter is like trying to repeal laws passed by several county assemblies through a letter. Until those laws have been deemed unconstitutional, she has a legal mandate to continue endorsing our requests for money to support learners in secondary schools and universities,” he said.
