Financially disadvantaged students across Kenya will have to wait longer for clarity on county bursaries, following a decision by the High Court in Nakuru not to grant immediate orders in a case involving Controller of Budget Dr. Margaret Nyakang’o.
The case revolves around the approval and release of bursary funds by county governments.
President William Ruto has responded to the matter, emphasizing that his administration is dedicated to ensuring that bursary funds reach every deserving student.
"We have agreed that both levels of government—national and county—will collaborate on a structured approach to enable counties to issue bursaries as well, so that more children can access education," President Ruto said.
He mentioned that he had directed the Ministry of Education to collaborate with the Council of Governors in formulating the necessary legal framework.
This move, he explained, aims to enable both national and county governments to jointly provide scholarships that will support Kenyan children.
The court has set May 22, 2025, as the date to deliver its verdict in a petition filed by Laban Omusundi against the Office of the Controller of Budget.
The ruling is expected to have major implications on the disbursement of bursary funds that thousands of students rely on to stay in school this term.
The matter was brought before the court through an urgent application filed by lawyer Abigael Rasugu, and backed by an affidavit from Controller of Budget Dr. Margaret Nyakang’o.
In the application, Dr. Nyakang’o is seeking the court’s interpretation of her office's role in authorizing county fund disbursements, amid growing pressure and accusations of delays.
This legal step follows a contempt of court application filed by the Murang’a County Government, alleging that Dr. Nyakang’o failed to follow a previous court directive permitting the processing of county bursaries.
Murang’a Governor Dr. Irungu Kang’ata has taken a leading role in demanding the timely release of bursary funds.
He has criticized a circular issued by the Controller of Budget, claiming it lacked a proper transition period and caused unnecessary disruption to county programs.
The petitioner has also argued that the Ministry of Education has not availed the Intergovernmental Transfer of Functions Agreement, a critical document the Controller of Budget (CoB) had requested to facilitate disbursement of funds to counties.
Justice Samwel Mukira Mohochi declined to grant the application without involving the other parties, stating that doing so would not uphold the principles of justice.
He instructed that all respondents be served immediately and given three days to respond.
The petitioner must file their submissions within ten days, while the respondents have up to fourteen days to reply.
The resulting delay has stirred unease among parents, guardians, and school heads who were relying on timely release of bursary funds for the upcoming school term.
There is growing concern that extended court proceedings could disrupt access to education for many students in need.
Should the contempt application be successful, Dr. Nyakang’o risks civil imprisonment—potentially escalating the ongoing controversy over county-level bursary disbursements.
With the financial year drawing to a close in June, the court’s ruling will play a pivotal role in deciding whether the crucial bursary funds are disbursed in time to assist students.