Three-judge bench to hear petition seeking to bar counties from issuing bursaries
The bench, appointed by Chief Justice Martha Koome, will determine whether counties have overstepped their constitutional mandate in disbursing education funds.
A three-judge bench has been constituted to hear a petition seeking to consolidate all bursary funds under the national government and bar county governments from issuing bursaries to schools and higher learning institutions.
The bench, appointed by Chief Justice Martha Koome, will determine whether counties have overstepped their constitutional mandate in disbursing education funds.
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In a letter addressed to Deputy Registrar of the High Court in Nakuru, Christine Menya, Koome appointed Judges Hedwig Ong’udi, Julius Nangea and Samwel Mohochi to the bench.
“Following orders issued by Judge Mohochi on June 17, 2025, I appoint the three-judge bench to hear and determine the petition. Judge Ong’udi will be the presiding judge,” Koome said.
All three judges assigned to the bench are based at the Nakuru High Court. The appointment followed a request by Judge Mohochi, who noted the case raises constitutional questions affecting all 47 counties.
The petition was filed by Nakuru activist Laban Omusundi and the Katiba Institute, who are seeking to consolidate all bursary allocations into a single national fund.
Through their lawyer Henry Gichana, the petitioners argue that county governments are issuing bursaries to institutions outside their devolved mandate, which they say contravenes the Constitution.
“As per the Constitution, county governments cannot disburse bursaries to learners beyond pre-primary schools, village polytechnics, homecraft centres, and childcare facilities which fall under the county in the devolved system,” the petitioners state.
They argue that consolidating bursaries under the national government would promote equity, transparency and access to education for all learners while improving the efficiency of fund management.
According to the petition, the current system for providing bursaries and scholarships lacks a harmonised, transparent and accountable structure and legal framework.
“Its implementation, therefore, has been and continues to violate the Constitution’s normative value system and principles, including the imperative for equality and non-discrimination as well as openness and transparency and the prudent and accountable use of public resources,” the petitioners say.
They add that the existing framework threatens the rights of learners who are the legitimate beneficiaries of the funds.
“The petition seeks to make education more accessible by eliminating duplication and ensuring a more equitable distribution of funds,” they add.
The petitioners further allege that counties have routinely issued bursaries to institutions despite lacking the authority to do so and have criticised the Controller of Budget for continuing to approve bursary allocations to counties.
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