Governor and CoB Clash Over Bursary Authority, Court Sets Ruling Date.
The High Court in Nakuru has declined to issue immediate orders in a legal battle involving the Controller of Budget, Dr. Margaret Nyakang’o, over her role in approving and disbursing county government bursaries.
The court set May 22, 2025, as the date for delivering its ruling in the petition filed by Laban Omusundi. The case’s outcome is likely to determine whether thousands of needy students across the country will receive the bursaries they rely on to remain in school this term.
Justice Samwel Mukira Mohochi ruled that hearing the matter ex-parte would not serve justice, directing that all respondents be served without delay and allowed three days to respond. The petitioner must file submissions within ten days, while the respondents have up to fourteen days to submit their replies.
Simultaneously, the Murang’a County Government has initiated contempt proceedings against Dr. Nyakang’o, accusing her of ignoring a court order permitting county bursary processing. Murang’a Governor Dr. Irungu Kang’ata has strongly criticized the Controller of Budget for issuing a circular he described as disruptive and inadequately timed.
He emphasized that the Ministry of Education had also failed to provide the Intergovernmental Transfer of Functions Agreement required by the CoB to facilitate county-level disbursement of bursaries.
In response, Dr. Nyakang’o filed an application through lawyer Abigael Rasugu, supported by a sworn affidavit, requesting the court’s clarification on her office’s mandate in fund disbursement. She argued that the move was necessary to safeguard the integrity of her office amid growing pressure over delays in bursary allocation.
National Government Steps In
President William Ruto has addressed the issue, assuring the public that his government is determined to ensure bursaries reach all deserving students. He announced that the national and county governments had resolved to create a framework that would allow both levels to provide scholarships. “We want to make sure that no child is left out of school because of financial challenges,” he said.
He revealed that he had instructed the Ministry of Education to collaborate with the Council of Governors to develop the necessary legal framework, enabling a joint approach to funding education for vulnerable children. According to him, this will benefit the Kenyan child by expanding access to bursaries and scholarships nationwide.
The delay has sparked worry among school administrators, parents, and guardians, who had hoped for timely release of bursaries at the start of the new term. Prolonged legal battles, they fear, could deny thousands of vulnerable students access to education.
A school principal in western Kenya expressed concern, saying that many learners risk missing classes due to a lack of fees. Another parent stated that they had no alternative source of help and hoped the court would fast-track its decision.
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With the current financial year drawing to a close in June, the urgency to release bursary funds has intensified. If the court rules against Dr. Nyakang’o in the contempt application, she could face civil jail, further escalating the already heated debate on the Controller of Budget’s role in county bursary disbursement.
The court’s ruling will be pivotal in determining whether thousands of learners receive the support they desperately need to continue their education.
Governor and CoB Clash Over Bursary Authority, Court Sets Ruling Date.
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