Contradictory court orders throw bursary issuance into confusion

Two separate court orders have thrown the Controller of Budget (CoB) and 47 county governments into total confusion over the disbursement of bursaries.

On February 3, Judge Samuel Mohochi issued five orders. Two of the orders temporary restrained CoB Margaret Nyakang’o from withdrawing or retracting her circular of January 14, 2025.

The circular restrain also county governments from issuing bursaries to institutions beyond their jurisdiction as per the law, including primary, secondary, universities and special schools.

Another order barred the CoB from authorizing any county requisition for expenditure on bursaries and other education support programs to the mentioned institutions, not accompanied by requisite inter-governmental transfer agreements.

“CoB is barred from implementing any agreement reached with the Council of Governors during the 26^th Intergovernmental Budget and Economic Council if it goes against the circular,” Muhochi ruled.

The last order in the petition filed by Katiba Institute and Nakuru activist Laban Omusundi, temporarily stopped Murang’a and Nakuru counties from issuing new bursaries to new beneficiaries.

On April 8, the court clarified two of the orders but remained silent on the other three. One of the clarification the court made was that the two counties would be allowed to issue bursaries for the 2024/2025 financial year.

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However, in certificate of Urgency filed on April 30, the CoB stated that the partial clarification has introduced a state of interpretative conflict on bursaries. On one hand, the CoB noted that order stopped any bursary issuance but the other, the same allows the two counties to issue bursaries.

“The partial clarification has created conflict on whether or not bursary disbursements and approval can proceed in accordance with the circular, thereby posing legal, institutional and financial uncertainty,” the CoB submitted through her lawyer Abigael Rasungu.

Margaret Nyakang’o also said in her submission that she is seeking guidance and clarification of all the orders the court issued to ensure she does not act in a manner that may be misinterpreted as breach of court orders, adding that there is need for urgent judicial clarification by the ongoing budget execution cycle.

The CoB wants the court not only to clarify the orders but reconcile the two clarified orders with three unclarified ones.

She also wants that pending the clarification, the implementation of orders allowing the two counties to continue issuing bursaries should be temporarily suspended.

“The two orders should be stayed to the extent that they conflict with the three other orders issued and create legal uncertainties,” Nyakang’o revealed.

Nyakang’o made her submission in regard to the file application made by Murang’a County to have her jailed for six months for allegedly disobeying court orders on bursary issuance.

The County through its lawyer Ngonyo Munyua, claimed that the controller of budget refused to approve the budget for the current financial year as the two courts order dictates.

In the main petition Katiba Institute an Omusundi want the 47 county governments stopped from carrying out the mandate of the National Government in bursary issuance.

They sued Murang’a and Nakuru counties, the CoB Margaret Nyakang’o, CSs Treasury and Education, national Assembly, the Senate, and the Attorny General.

By Brian Ndigo