The High Court issued conservatory orders yesterday restraining the Controller of Budget (CoB) and the County Government from proceeding with a deal that allows counties to issue bursaries to institutions outside their authorized scope.
Justice Samwel Mohochi issued the temporary orders prohibiting CoB Dr Margaret Nyakang’o from withdrawing, retracting, or interfering with a circular issued on January 14, 2025.
A lobby group, the Katiba Institute, along with lawyer Paul Gichana and Nakuru activist Laban Omusundi, filed an urgent petition at the Nakuru Court before Justice Mohochi, requesting that the court prevent CoB from interfere with the order.
Nyakang’o had previously barred counties from issuing bursaries to primary and secondary schools and universities, citing a lack of legal authorization.
However, after facing backlash, she held a meeting with the Council of Governors (CoG) and relaxed the decision, allowing counties to issue bursaries.
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“The orders also apply to other education support programmes targeted at universities, primary,
secondary,y and special schools which are not accompanied by requisite inter-governmental
transfer agreements,” ruled Mohochi.
Furthermore, he restricted the CoB from implementing any agreements reached with the CoG during the Intergovernmental Budget and Economic Council (IBEC) meeting held on January 27.
He also barred the County governments of Nakuru and Murang’a, which were sued in this case, from issuing new bursaries to beneficiaries beyond the financial year 2024/2025.
The petitioners criticized the CoB’s decision to continue offering bursaries and scholarships, stating their intention to engage with the Presidency on the matter, as submitted by Gichana. They identified the CoG, the National Government Constituency Development Fund Board, the Government Affirmative Action Fund Board, the Law Society of Kenya, and the Ministry of Labour and Social Protection as interested parties.
By Obegi Malack
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