High Court declines to issue orders in bursary case
High Court declines to issue orders in bursary case
High Court in Nakuru declined to issue immediate orders in a case against the Controller of Budget, Dr. Margaret Nyakang’o, regarding the approval and disbursement of bursaries by county governments.
President William Ruto has since weighed in on the matter, affirming his administration’s commitment to ensuring bursary support reaches all deserving students.
“We have agreed that both the national government and the county governments will establish a framework to allow counties to also provide bursaries, so that more children can get the opportunity to go to school,” said President Ruto.
He added that he had given instructions to the Ministry of Education to work together with the Council of Governors to develop the legal framework needed, so that both the national and county governments can offer scholarships. These scholarships, he said, will benefit the Kenyan child.
The court has scheduled its ruling for May 22, 2025, in the petition filed by Laban Omusundi against the Office of the Controller of Budget. The outcome of the case could significantly affect the release of bursary funds, which thousands of students depend on to remain in school this term.
An application was filed under a certificate of urgency by lawyer Abigael Rasugu, supported by a sworn affidavit from CoB Dr. Nyakang’o. She seeks court clarification on the mandate of her office in releasing funds to counties, a move aimed at safeguarding the integrity of her office amid pressure over delays.
The application comes as Murang’a County Government filed contempt proceedings against Dr. Nyakang’o, accusing her of failing to comply with a court order allowing county bursary processing.
Murang’a Governor Dr. Irungu Kang’ata has been at the forefront of the fight for bursary access, arguing that the Controller of Budget issued the controversial circular without providing adequate transition notice.
He further contends that the Ministry of Education has failed to provide the Intergovernmental Transfer of Functions Agreement requested by the CoB—an essential document for enabling county-level disbursement.
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Justice Samwel Mukira Mohochi declined to hear the matter ex-parte, ruling that it would not serve the interest of justice. He ordered all respondents to be served immediately and given three days to file responses. The applicant is to file submissions within ten days, while respondents have fourteen days to reply.
The delay has sparked concern among parents, guardians, and school administrators who had hoped bursary allocations would be released in time for the new term. There is growing anxiety that prolonged legal proceedings could hinder education access for thousands of vulnerable learners.
If the contempt application succeeds, Dr. Nyakang’o could face civil jail, further intensifying the already sensitive debate around county bursaries.
With the financial year ending in June, the court’s decision will be critical in determining whether the much-needed funds are released in time to support students.
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