The High Court has declared key aspects of Kenya's bursary allocation system unconstitutional, finding that weaknesses in the current framework have resulted in discrimination against vulnerable and marginalised learners while undermining transparency in the distribution of education funds.
In a judgment delivered by Justice Bahati Mwamuye, the court ruled that although the country's broader basic education funding framework is constitutional, serious shortcomings in the administration of bursaries violate constitutional principles on equality, accountability and good governance.
At the centre of the ruling is the absence of a national database to track beneficiaries of bursaries and scholarships, a gap the court said has allowed duplication of funding while many deserving students continue to miss out.
"The Court finds that the absence of a coordinated national database for tracking bursary and scholarship allocations, the lack of a centralised or transparent needs-assessment mechanism, and the weaknesses in oversight of NG-CDF and county bursary funds raise serious concerns under Articles 10, 201, 27, and 53 of the Constitution," Justice Mwamuye ruled.
The case arose from a petition filed by former Kiambu Governor Ferdinand Waititu, who challenged the manner in which education bursaries are administered by the Ministry of Education, the National Government Constituencies Development Fund (NG-CDF), county governments and other public institutions.
Waititu argued that the fragmented system has created inequalities by allowing different agencies to issue bursaries independently, resulting in some learners receiving multiple awards while others in equal or greater financial need receive none.
He also contended that the lack of coordination has exposed the process to political interference and abuse.
The court agreed that the absence of a unified tracking system undermines fairness in the allocation of public resources.
"Without a national database, the same student may receive funding from multiple sources while another student receives none, simply because there is no system to identify and prioritise need across the different funding streams," the judge observed.
Justice Mwamuye also criticised the composition of NG-CDF bursary oversight committees, saying the current framework grants Members of Parliament excessive influence through their power to appoint committee members.
According to the court, the arrangement weakens oversight and increases the risk of political manipulation in the awarding of bursaries.
However, the judge declined to order the establishment of a National Basic Education Fund as sought by the petitioner.
Instead, the court directed the government to address the constitutional deficiencies identified in the judgment, saying it has an obligation to reform the bursary allocation system to ensure equitable, transparent and accountable distribution of education funding.
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