Needy students across various counties in Kenya will face delays in receiving their county bursaries after the Controller of Budget, Dr. Margaret Nyakang’o, paused their disbursement due to non-compliance with constitutional guidelines.
This decision threatens to disrupt the education of thousands of students who rely on these funds to cover their school fees, exacerbating the financial challenges faced by many families.
On Wednesday, January 15, 2024, Dr. Nyakang’o issued a statement outlining that county governments must adhere to Article 187 of the Constitution, which requires a formal transfer of functions through an intergovernmental agreement before funds can be allocated for educational support.
“The Fourth Schedule of the Constitution places responsibility for universities, tertiary institutions, and schools under the national government,” Dr. Nyakang’o explained.
“Thus, county governments need to follow the procedure laid out in Article 187 to legally administer funds for education.”
The process requires county governments to formulate an intergovernmental agreement, which must be executed by an authorized individual and published in the Kenya Gazette.
Dr. Nyakang’o clarified that no funds should be withdrawn for functions that fall under the national government’s jurisdiction without this required agreement in place.
Counties have been urged to comply with these constitutional requirements swiftly to allow for the resumption of bursary disbursements and continue supporting students in need.
In a separate development, the Kenya School of Law (KSL) announced on January 14 that students enrolled in the Advocates Training Programme (ATP) for the 2025/2026 academic year will not be eligible for loans from the Higher Education Loans Board (HELB).
KSL Director Henry Mutai explained that due to the ongoing budgetary constraints faced by the government, the school could not allocate funds to replenish the Legal Education Fund for the current financial year.
As a result, incoming ATP students for the 2025/2026 academic year will be unable to receive tuition loans from HELB.
The announcement has further added to the financial challenges facing students pursuing legal education in the country.
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