Kenya’s ongoing court tussle over bursary disbursements has spotlighted a deeper dilemma: how legal and bureaucratic gridlocks can stall life-changing educational support for thousands of students across the country.
At the centre of the issue is a dispute between the Controller of Budget (CoB), county governments, and civil society petitioners, with conflicting court orders creating a haze of uncertainty just as counties prepare to release funds for the 2024/2025 academic year.
The Controller of Budget’s January 14 circular sought to rein in counties from sponsoring students outside their jurisdiction, a move intended to reinforce compliance with intergovernmental financial laws. But for many communities where education options are scarce, especially in marginalised areas, such restrictions could cut off students from accessing the few schools equipped to meet their needs.
Civil society groups, led by Katiba Institute and activist Laban Omusundi, argue that lax rules have enabled misuse and politicisation of bursary funds. The High Court initially sided with this caution, issuing orders that limited the CoB’s flexibility and temporarily barred some counties, including Murang’a and Nakuru, from issuing new bursaries.
While a partial clarification in April allowed those two counties to resume bursaries for the current financial year, the legal silence on other key elements of the ruling has left all 47 county governments in a grey area unsure whether to act or wait, even as school term deadlines loom.
Critics warn that the stalemate risks punishing the very students the bursary programs were meant to empower. For parents relying on county aid to keep their children in school, especially in rural and underserved areas, the legal tug-of-war could translate into dropped-out pupils and deepened inequality.
