Governors reject national government's claims on bursaries, cite constitution

The Council of Governors (CoG) has defended the role of counties in issuing bursaries to needy students, rejecting claims that they are encroaching on national government functions.

The CoG through its Chairperson Wajir Governor Ahmed Abdullahi on Friday criticised a recent circular from the Controller of Budget and a statement by the Intergovernmental Relations Technical Committee (IGRTC), calling them misleading and divisive.

The Controller of Budget had suggested that counties were undertaking a national government function by providing bursaries, while IGRTC acknowledged a legislative gap regarding the administration of bursaries and scholarships.

However, the CoG stated that county bursary programs align with the Constitution's social protection mandate.

"Article 43 of the Constitution guarantees every person the right to education and obligates both levels of government to provide social protection to those unable to support themselves," Abdullahi said.

"The argument that bursaries are an exclusive function of the national government is not constitutionally founded," he added.

The governors noted that the Constitution does not explicitly assign bursary management to either the national or county governments.

They argued that the provision of bursaries addresses vulnerable groups' needs and upholds the principles of social protection.

"The principles of social protection require that we restore the dignity of beneficiaries, not leave them more vulnerable. What will happen to the many students who depend on these bursaries if this support is withdrawn?" Abdullahi posed.

Public participation

The CoG also highlighted that county budgets, including allocations for bursaries, are developed through public participation and approved by county assemblies, making them a priority for local communities.

As a result, the CoG called on the Controller of Budget to respect county decisions on approved budgets and avoid overstepping its mandate.

"The Controller of Budget must appreciate and uphold decisions made by county assemblies, which reflect the will of the people," said the governors.

The governors also urged IGRTC to avoid making unilateral policy pronouncements on matters affecting both levels of government, as this creates confusion and disharmony.

"We call upon IGRTC to consult with both levels of government before issuing such statements," Abdullahi added.

Reaffirming their commitment to supporting vulnerable communities, the governors vowed to continue prioritizing bursaries in their budgets to ensure access to education for all.

"As county governments, we remain committed to supporting the most vulnerable in our communities, and bursaries are a key part of this commitment," Abdullahi concluded.

The controversy began when Nyakang'o instructed devolved units to halt the withdrawal of funds for bursary schemes covering primary, secondary, and tertiary education.

According to a circular issued by the Controller of Budget, county governments' mandate only extends to pre-primary education, village polytechnics, and home craft centres.

She stated that any request to withdraw funds for bursaries, a responsibility typically considered a national government function, must be accompanied by an intergovernmental agreement, as outlined in the law.

As a result, governors who had allocated millions of shillings in their budgets for bursaries are now faced with the dilemma of either reallocating the funds to other budget lines or seeking approval from the national government.

The order has sparked strong reactions from county leaders, who argue that bursaries are social support programmes meant to be handled jointly by both levels of government.