Wrangles over the issuance of bursary funds by county governments are set to delay further after the High Court, on Monday, issued conservatory orders restraining the Controller of Budget (CoB) from withdrawing, retracting, or interfering with its circular issued on January 14, 2025.
This is after a lobby group, the Katiba Institute, and a citizen, Laban Omusundi, filed a petition of urgency at the Nakuru Court before Justice Samuel Mukira Mohochi demanding the court prevent interference with the order.
”A temporary conservatory order is hereby issued restraining the 3rd respondent (CoB) from withdrawing, retracting, and or interfering with its circular (OCOB/CIRCULAR NO. 1/2025) issued on January 14, 2025,” Justice Mohochi directed.
”A temporary conservatory is hereby issued, restraining the 3rd Respondent from going against its Circular to authorise and approve any county requisitions for expenditure on bursaries and other education support programs targeted at universities, primary, secondary, and special schools which are not accompanied by requisite inter-governmental transfer agreements.”
A photo of Controller of Budget Margaret Nyakang’o.
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In the circular, the CoB noted that county governments cannot constitutionally use their funds to support national government functions.
The court’s latest directive has dealt a blow to the county governments as they can now only fund pre-primary education, village polytechnics, home craft centres, and children’s facilities.
The Court has also restrained the office of CoB Margaret Nyakang’o from implementing any agreement reached with the Council of Governors during the recently concluded Intergovernmental Budget and Economic Council (IBEC) meeting chaired by Deputy President Kithure Kindiki.
”A temporary conservatory is hereby issued, restraining the 3rd Respondent from implementing any agreement reached with the 1st Interested Party during the 26 deg Intergovernmental Budget and Economic Council in so far as the agreement undermines the contents of the Circular and the reliefs sought under Paragraphs 104 (A), (B) and (E) of this Petition,” Justice Mohochi added.
Consequently, the court directed that county governments be barred from issuing new bursaries or extending bursary allocations to new beneficiaries beyond the current financial year.
The case will be heard on February 18 this year, with the respondents and petitions directed to file their responses within seven days.
During the meeting between the DP and the Council of Governors, both sides agreed that counties with separate education funds could continue issuing bursaries to the thousands of students who depend on them.
Additionally, counties without such funds were directed to establish them to be allowed to issue bursaries or partner with the Ministry of Education to facilitate the process.
A photo collage of Deputy President Kithure Kindiki during the Intergovernmental Budget and Economic Council IBEC meeting in Nairobi on January 27, 2025, and a classroom with empty lockers.
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DPCS/KNA