ODM slams Controller of Budget’s decision to limit county bursaries

The Orange Democratic Movement (ODM) has called on the Controller of Budget, Margaret Nyakang’o, to reconsider a recent directive imposing financial restrictions on county governments.

The party expressed concern over what it described as political double standards, claiming the directive undermines the principles of devolution and constitutionalism.

In a letter dated January 14, 2024, Nyakang’o outlined that counties are only allowed to provide bursaries for pre-primary education, village polytechnics, home craft centres, and childcare facilities, as these fall within their jurisdiction.

She also clarified that primary, secondary, and tertiary education remain the responsibility of the national government, as stipulated in Part I of the Fourth Schedule of the Constitution.

For counties to provide support in these areas, Nyakang’o said intergovernmental agreements must be established, in line with Article 187 of the Constitution and the Intergovernmental Relations Act.

However, ODM on Wednesday raised alarm over the imposition of financial restrictions on county governments, pointing to what it termed “a troubling pattern of political double standards.”

Constitutional bounds

The party argued that while counties are being subjected to embargoes, the National Government continues to overstep its constitutional bounds without facing any consequences.

The party officials cited several instances where the national government has encroached on devolved functions, including the unilateral payment of Community Health Promoters, the imposition of the Housing Levy despite housing being a devolved function, and the construction of markets without signed intergovernmental agreements.

“While county governments are being targeted with embargoes, the National Government continues to act with impunity, encroaching on devolved functions without consequence,” ODM said in its statement.

“This includes the unilateral payment of Community Health Promoters, the imposition of the Housing Levy despite housing being a devolved function, and the construction of markets without signed intergovernmental agreements.”

ODM further emphasised that if financial restrictions are to be imposed on counties, the same measures should be applied to the National Government until it complies with constitutional provisions for intergovernmental cooperation.

The party warned that the directive would have significant repercussions for counties, particularly in historically underserved and marginalized areas.

It highlighted the potential collapse of key education programmes in counties like Kisumu, Mombasa, Kisii, and Homa Bay, where thousands of children rely on county-supported bursary programs to continue their education.

In Mombasa, for instance, the party said, that programmes such as the No Child Left Behind initiative, the Governor’s Scholarship, and the Boarding School Bursary programme benefit over 55,000 high school students.

ODM argued that if counties are unable to meet their financial obligations, these students could face expulsion, undermining efforts to ensure equitable access to education.

“This scenario is not unique to Mombasa – it reflects the broader risks faced by counties across the nation,” the officials said.

The party urged Nyakang’o to reconsider the directive and adopt equitable measures that respect the constitutional rights and responsibilities of both levels of government.

ODM reaffirmed that it is committed to protecting the rights of all Kenyans to education and equitable development and called on the National Government, the Controller of Budget, and all relevant stakeholders to uphold the principles of devolution, equity, and intergovernmental cooperation.