The County Government of Kisumu has defended the issuance of county-administered bursaries to students, citing social protection for the beneficiaries.
The chief officer in charge of education, Bovince Ochieng, said that no provision in the law bars devolved units from dispensing bursaries.
Speaking in Kisumu during a public participation by stakeholders on education reforms, Ochieng said many bright but needy students from counties have benefited from bursaries issued by county governments.
Ochieng said an attempt by the Controller of Budget (CoB) to remove the issuance of bursaries by counties is ill-advised.
The Council of Governors Chairperson Ahmed Abdullahi highlighted a legal lacuna in legislation concerning the administration of bursaries and scholarships within the country.
He was responding to a letter dated January 14 in which the CoB stated that county governments have no legal basis to issue bursaries to students in post-primary institutions, asserting that the mandate lies with the national government.
Governor Abdullahi, referencing Article 43(3) of the Constitution, argued that both levels of government are obligated to provide appropriate social security to individuals who cannot support themselves and their dependents.
“If the Constitution intended to obligate the National Government exclusively, it would have overtly stated so. Therefore, the argument that bursaries are an exclusive function of the National Government is not constitutionally founded,” Abdullahi stated.
Margaret Nyakango, the CoB, argued that county governments could only administer bursaries for post-primary education if the functions were formally transferred from the national government.
“Consequently, for any county government to offer educational support toward functions classified under Part 1 of the Fourth Schedule, there is a need to transfer the function in accordance with Article 187 of the Constitution,” Nyakango wrote in her letter.
The devolved units emphasized that county-administered bursaries aim to advance social protection by supporting vulnerable members of society and promoting the right to education.
“The principles that underscore social protection require that beneficiaries are not left more vulnerable but instead have their dignity increasingly restored,” Abdullahi stated.
“This raises the question: what is the fate of students who are poor and vulnerable and depend on this support?” the CoG Chairperson posed.
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Abdullahi defended the bursaries’ constitutionality, noting that county assemblies have approved them and undergone rigorous public participation to enhance community educational opportunities.
“To this end, we call upon the Controller of Budget to appreciate and uphold decisions made by the County Assemblies on approved budgets. Furthermore, the Controller should address the Heads of Counties, Excellency Governors, on governance and policy matters,” Abdullahi stated.
The Fourth Schedule of the Constitution outlines the functions assigned to both county governments and the national government.
Nyakango pointed out that Part 1 of the Fourth Schedule designates functions such as universities, tertiary education institutions, primary schools, special education, secondary schools, and special needs education institutions to the national government.
“Conversely, Part 2 of the Fourth Schedule assigns pre-primary education, village polytechnics, home craft centres, and childcare facilities to county governments,” Nyakango affirmed.
On his part, Ochieng told the participants that the only cure for the impasses was making education free universally.
He said there is no local, county, or national student or pupil, hence the need to provide free education to all.
The chief officer also cited imbalances between students from rural and urban areas.
Ochieng said most students from rural areas do not have many facilities compared to their counterparts from urban areas.
He said the problem is rife at Garde 9, which he noted is a critical point in the lives of learners.
By Fredick Odiero
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