A three-judge bench has been constituted to hear a constitutional petition seeking to bar county governments from issuing bursaries to schools and higher learning institutions, and to consolidate all education funding under the national government.
Chief Justice Martha Koome appointed Judges Hedwig Ong’udi, Julius Nangea, and Samwel Mohochi to preside over the matter, following a formal request by Judge Mohochi, who noted that the case raises constitutional questions with implications for all 47 counties. Judge Ong’udi will serve as the presiding judge.
The petition, filed by Nakuru-based activist Laban Omusundi and the Katiba Institute, challenges the legality of county bursary allocations, arguing that devolved units have overstepped their constitutional mandate. Through their lawyer Henry Gichana, the petitioners contend that counties are disbursing funds to institutions outside their jurisdiction, in violation of the Constitution.
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“As per the Constitution, county governments cannot disburse bursaries to learners beyond pre-primary schools, village polytechnics, homecraft centres, and childcare facilities,” the petition states.
The petitioners argue that consolidating bursary funds under a single national framework would enhance equity, transparency, and efficiency in education financing. They claim the current system lacks a harmonised legal structure and has led to duplication, opacity, and unequal access to support.
“The implementation of county bursary schemes continues to violate the Constitution’s principles of equality, non-discrimination, openness, and prudent use of public resources,” the petition reads. It further warns that the fragmented approach threatens the rights of learners who are the intended beneficiaries of the funds.
The petition also criticizes the Controller of Budget for approving county bursary allocations despite the alleged constitutional breach. The petitioners maintain that a national bursary fund would eliminate inconsistencies and ensure fair distribution across all regions.
In a letter to the Deputy Registrar of the High Court in Nakuru, Christine Menya, Chief Justice Koome confirmed the bench’s formation, citing orders issued by Judge Mohochi on June 17, 2025. All three judges are currently stationed at the Nakuru High Court.
By Masaki Enock
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