Bursary Issuance by Counties is Constitutional – Governors Tell Controller of Budget

The Council of Governors has criticised Controller of Budget (COB) Margaret Nyakang’o following her decision to restrict the issuance of bursaries by counties.

The Head of the Council of Governors Ahmed Abdullahi in a letter to Nyakang’o, on Friday, January 17, dismissed allegations that counties had taken up the role of the national government.

According to the governors, the law did not explicitly assign the governing or distribution of bursaries to either of the two levels of government.

In their argument, the county heads also explained that the issuance of bursaries by counties was in line with Article 43 of the Constitution which stated that every person has the right to education.

“Article 43 of the Constitution obligates the State, the National and County Governments to provide appropriate social security and social protection to persons who are unable to support themselves and their dependents,” the governors stated.

“Therefore, the argument that bursary is an exclusive function of the National Government is not constitutionally founded,” they further argued.

The governors also claimed that Nyakango’s policy watered down both the national and county governments’ efforts in advancing social protection as a constitutional right and a development agenda.

While expressing their reservations, the governors questioned the fate of the poor pupils and students who depended on government funds to finance their education.

They further clarified that the county budgets including bursary allocations underwent public participation and therefore had been approved by the community. 

The latest development comes a day after the Controller of Budget said that county governments were only permitted to issue bursaries for pre-primary education and village polytechnics in line with Part 1 of the Fourth Schedule of the law.

According to Nyakang’o, bursary issuance to primary, secondary and other tertiary institutions was solely the role of the national government as per the Constitution.

Nyakang’o maintained that for county governments to issue bursaries they must first enter into an intergovernmental agreement with the national government as required by article 187 of the Constitution.

“Part 1 of the Fourth Schedule under Section 16 designates universities, tertiary educational institutions, primary schools, special education, secondary schools, and special education institutions as functions of the national government,” read part of Nyakang’o’s letter.